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((flntFU ICaui ^rl|00l ICibtary
3 1924 080 478 187
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THE PENAL CODE
FOE
THE KINGDOM OF SIAM
( DRAFT VERSION. )
R. S. 127 (1908).
niQUSO
Printed at "The a. P. Mission Press.'
Contents.
Preliminary
Sections
1-
—4
Book I. General Provisions.
Chapter
1.-
—Explanations
Sections
5-
—6
Chapter
2.-
—Application of Penal Laws
Sections
7-
-11
Chapter
3.-
—Punishments and execu-
tion of punishments ...
Sections
12-
-42
Chapter
4.-
—Causes which exclude or
lessen the liability to
■ punishment
Sections
43-
-59
Chapter
5.-
—Attempt
Sections
60-
-62
Chapter
6.-
—Participation in the com-
mission of an offence ...
Sections
63-
-69
Chapter
7.-
-Concurrence of offences ...
Sections
70-
-71
Chapter
8.-
-Eecidive
Sections
72-
-76
Chapter
9.-
—Extinction of the right to
prosecute or to execute
a punishment
Sections
77-
-86
Chapter
10.
— Claim for restitution and
damages ...
Sections
87-
-96
Book II. Specific Offences.
TITLE I.— OFFENCES AGAINST THE KING
AND THE STATE.
Chapter 1. — Offences against the Eoyal
Family ... ... Sections 97 — 100
Chapter 2. — Offences against the inter-
nal security of the State Sections 101 — 104
Chapter 3. — Offences against the exter-
nal security of the State Sections 105 — 111
Chapter 4. — Offences against the friend-
ly relations with foreign
states ... ... Sections 112 — 115
TITLE II.— OFFENCES RELATING TO
PUBLIC ADMINISTRATION.
Chapter 1. — Offences against officials .. . Sections 116 — 128
Chapter 2. — Malfeasance in office ... Sections 129 — 146
II.. Contents. — Continued.
TITLE III.— OFFENCES RELATING TO
PUBLIC JUSTICE.
Chapter 1. — Offences against the ad-
ministration of Justice .. . Sections 147 — 154
Chapter 2. — False charge and false
evidence ... ... Sections 155 — 162
Chapter 3. — Escape of prisoners ... Sections 163 — 171
TITLE IV.— OFFENCES AGAINST
RELIGION
Sections 172—173
TITLE v.— OFFENCES AGAINST PUBLIC SAFETY
OF PERSONS AND PROPERTY.
Chapter 1. — Abetment of offences not
committed ...
Chapter 2. — Secret societies and crimin-
al associations
Chapter 3. — Eiots
Chapter 4. — Offences against public se-
curity, public communi-
cations and public health
Chapter 5. — False money (coins, cur-
rency notos, banknotes,
bonds, or certificates lof
debt, coupons or cei'tifi-
cates of interest)
Chapter 6. — False seals, stamps and
tickets
Chapter 7. — False documents
Chapter 8. — Offences against trade
Sections 174—176
Sections 177—182
Sections 183—184
Sections 185—201
Sections 202—210
Sections 211—221
Sections 222—231
Sections 232—239
TITLE VI.— OFFENCES AGAINST MORALITY.
Chapter 1. — Offences against public
morals ... ... Sections 240 — 242
Chapter 2. — Rape and indecent assault Sections 243 — 248
TITLE VII.— OFFENCES AGAINST
• LIFE AND BODY.
Chapter 1. — Offences causing death ...
Chapter 2. — Bodily harm ...
Chapter 3. — Abortion
Chapter 4. — Abandonment of children
or of sick or aged persons . . .
Sections 249—253
Sections 254—259
Sections 260—264
Sections 265—267
Contents. — Continued.
III.
TITLE VIII.— OFFENCES AGAINST LIBERTY
AND REPUTATION.
Chapter 1. — Offences against Uberty ...
Chapter 2. — Disclosure of private secrets
Chapter 3. — Defamation ...
Sections 268—278
Sections 279—281
Sections 282—287
TITLE IX.— OFFENCES AGAINST
PROPERTY.
Chapter
1.— Theft
Sections 288-
-296
Chapter
Chapter
2. — Snatching, robbery, gang-
robbery, piracy
3. — Extortion ...
Sections 297-
Section 303
-302
Chapter
Chapter
Chapter
Chapter
4. — Cheating and fraud
5. — Criminal misappropriation
6. — Eeceiving stolen property
7 — Mischief
Sections 304-
Sections 314-
Sections 321-
Sections 324-
-313
-320
-323
-326
Chapter
8. — Trespass
Sections 327-
-331
TITLE. X.— PETTY OFFENCES.
Sections 832-
-340
T"" HIS draft version of the Penal Code was translated into
Siamese with several slight alterations. It was promulgated in
the Government Gazette on the 1st day of June 127 (1908),
and comes into force on the 21st day of September 1908.
PENAL CODE.
BY THE KING'S MOST EXCELLENT MAJESTY.
Whereas it is expedient to codify and otherwise to
improve the criminal law of the Country.
It is hereby enacted as follows : —
PEELIMINARY.
Section 1.
This law shall be called the Penal Code.
Section 2.
It shall come into force on
Section 3.
On and from the day of operation of this Code the
following laws and regulations shall be repealed ; — -
(1). The laws oientioned in the schedule annexed.
(2). All other laws and regulations in so far as they relate
to any act made punishable or not punishable under
this Code.
Section 4.
The provisions of this Code shall not affect the jurisdiction
exercised by the Palace Court, the Ecclesiastical Courts and the
Military and Naval Courts.
BOOK I.
GENERAL PROVISIONS.
Chapter 1.
EXPLANATIONS.
Section 5.
In this Code, whenever a term is explained, such term is
employed in the sense stated in the explanation, unless there is
something repugnant to it in the text.
Section 6.
(1). An act may include the omission to do anything
enjoined by law or the effect of such omission.
(2). A person is said to do an act wrongfully when he does
an act to do which he is not entitled by law.
(3). A person is said to do an act dishonestly when he
does an act in order to procure for himself or any other person
any advantage to which he is not entitled by law and to the
injury of any other person.
(4). A person is said to do an act fraudulently when he
does that act with intent to deprive another person of a
right by fraud.
3
(5). A person is said to counterfeit a thing when he
makes a thing to resemble another thing with intent to deceive
a person by such resemblance.
(6). An offence denotes any act made punishable by the
law for the time being in force.
(7). A compoundable offence denotes an offence which
can only be prosecuted on the complaint of the injured person.
(8). A conspiracy denotes an agreement between two or
more persons to commit an offence.
(9). A bribe denotes any gratification or advantage other
than a legal remuneration given to an official in consideration
of the doing or not doing of any act within the scope of his
functions.
(10). Property denotes anything capable of being the
object of a right or ownership. It includes money as well as
anything moveable or immoveable.
(11). A public way denotes any land or waterway used
by the public. It includes any public road.
(12). A public road denotes any road, place or path over
which the public has a right of way on land. It includes any
railway or tramway used for public conveyance.
(13). A public place denotes any building or space to
which the public has a right of admittance.
(14). A dwelling place denotes any building, tent or
vessel or other enclosed space used for human dwelling. It
includes such appurtenances as are contiguous to it.
(15). An arm denotes any firearm, sword, dagger, knife,
spear, bamboo spear, or any other instrument made for the
purpose of shooting, stabbing, cutting or causing grievous
bodily harm in any manner.
(16). Cattle and beasts of burden include buffaloes, bulls,
bullocks, cows, calves, elephants, horses, ponies, mules, sheep,
goats and pigs.
(17). A writing denotes any mark upon paper or any
other substance to express words or figures. It includes print-
ing, lithography, photography, engraving and every other mode
in which words or figures can be expressed on paper or on any
other substance.
(18). A document denotes any writing which may be used
as evidence of the matter therein contained,
(19). A public document denotes any document drawn up
or authenticated by any competent official. It includes a copy
of any such document authenticated as aforesaid.
(20). A valuable document denotes any document by
which a right or debt is created, or modified or extinouished or
transferred, or by which the creation, modification, extinction
or transfer of such right or debt is acknowledged.
(21). A signature includes any mark put to a document by
a person unable to write his name.
(22). The year is the solar year according to the official
calendar.
(23). The day is of twenty -four hours.
(24). Night means the interval between sunset and
sunrise.
(25). A paragraph denotes a portion of a section
beginning a new line.
(26). A sub-section denotes a paragraph distinguished by
a prefixed number or letter.
Chapter 2.
APPLICATION OF PENAL LAWS.
Section 7.
A person shall only be punished for an act done by him if
such act be declared to be an offence and the punishment is
defined by the law in force at the time of the doing of such act.
No other punishment than that defined by law shall be
inflicted.
Section 8.
Whenever the law in force at the time at which an act is
done is different from that in force at the time at which the trial
takes place, the law which is more favourable to the accused
shall be applied.
Section 9.
Whoever commits an offence within the limits, of the
country shall be tried and punished according to the provisions
of Siamese law.
Section 10.
Whoever commits an offence outside the country shall be
punished in Siam, in the following cases : —
(1). If the offence be committed against the King and the
State under sections 97 to 111.
(2). If the offence relate to money, seals or stamps of the
State under sections 202 to 221.
(3). If the offence be piracy.
(4). If the offence be committed by a Siamese subject,
provided that : —
(a) there be a complaint by a foreign State or by the
injured person ;
(b) the offence be punishable by the law of the
country where it is committed ;
(c) the offence be punishable by Siamese law if
committed in Siam, and
(d) the offender be not acquitted of such offence in the
foreign country where it is committed or the
punishment inflicted for such offence be not
suffered or precluded by prescription or other-
wise remitted.
Section 11.
The general provisions contained in Book I. of this Code
shall apply to any offence punishable under the provisions of
any Royal decree or law, unless it be otherwise provided.
Chapter 3.
PUNISHMENTS AND EXECUTION OF
• PUNISHMENTS.
Section 12.
The punishments are : —
(1). Death.
(2). Imprisonment.
(3). Fine.
(4). Restriction of residence.
(5). Forfeiture of property.
(6). Security for keeping the peace.
Section 13.
A person sentenced to death shall be beheaded.
Section 14.
The execution shall take place at such time and place as
shall be appointed by the proper authorities after Royal
Sanction has been obtained.
Section 15.
The body of the executed person shall be delivered to the
relatives, if they claim it, by whom it shall be disposed of
without any pomp or demonstration.
Section 16.
If a woman sentenced to death be found to be with child,
execution of the sentence shall be deferred until after her
delivery.
Section 17.
Fine is a cei't.iin sum of money expressed in the sentence
to be paid to the State.
Section 18.
In default of payment of fine within fifteen days from the
day when the sentence became final, the payment may be levied
by distress or the offender shall suffer imprisonment in lieu
thereof.
The term of imprisonment to which the payment of a fine
is commuted shall be reckoned at the rate of one tical a day,
pros'ided that in no case shall such imprisonment exceed one
year.
Section 19.
Whenever during the time of imprisonment in lieu of
payment of a fine the fine is paid, a sum of money equivalent
to the number of days passed in prison shall be deducted and
the imprisonment shall terminate forthwith.
Section 20.
Whenever the Court has reasonable cause to believe that a
person is likely to evade the payment of a fine, the Court may
order such person to furnish security for payment of such fine
and, until such security is forthcoming, order the immediate
arrest and detention of such person.
Section 21.
Whenever an oflence is punishable with fine only and the
offender voluntarily pays before trial the maximum fine
prescribed for such offence, the right of prosecution ceases.
Section 22.
All persons sentenced for the same offence shall be jointly
and severally liable for the fine inflicted.
The joint and several liability applies only to the payment
of fine and does not extend to imprisonment in lieu thereof.
Section 23.
Whenever tliis Code provides that the punishment shall be
imprisonment and fine, the Court may, if it thinks fit, sentence
the offender to imprisonment only.
Section 24.
The punishment of restriction of residence entails, at the
discretion of the Court, either
(1) the prohibition to appear in such places or districts
as shall be specified in the judgment, or
(2) the compulsory residence in such places or districts
as shall be specified by the administrative authorities.
Section 25.
The punishment of restriction of residence may be award-
ed in addition to any other punishment. The period of such
restriction shall be stated in the judgment and shall in no case
exceed seven years.
Section 26.
Any property adjudged by a Court to be forfeited shall
belong to the State.
Section 27.
In addition to the specific cases specially provided for
under the provisions of Book II. of this Code, the Court may
order to be forfeited : —
(1) any property used or intended to be used for the
commission of an offence ;
(2) any property acquired through an offence ;
provided that such property belongs to a person
concerned in the offence either as a principal or as an
accessory.
Section 28.
Property the manufacture, use, possession, sale or exposure
for sale of which is an offence shall be forfeited whether it
does or does not belong to the offender, and without regard to
the conviction or non-conviction of any particular person.
Section 29.
Whenever the property forfeited is not delivered to the
Court, the Court may order the amount at which it values such
property to be levied by distress or to' be commuted to
imprisonment in the manner described in sections 18, 19
and 20, provided that the imprisonment in lieu of payment
shall not exceed six months.
Section 30.
Whenever any person utters threats against any other
person, or the Court has reason to believe that any person is
likely to commit a breach of the peace, the Court may order
such person to execute a bond, in a sum not exceeding five
hundred ticals, with or without security, for keeping the peace
during such period not exceeding two years as the Court thinks
fit.
The foregoing provision shall apply to any vagrant who
has no visible means of subsistence and who cannot give a
satisfactory account of himself.
10
Section 31.
Whenever any person bound accordino; to the preceding
section does not furnish the security required, the Court may
order the imprisonment of such person until the security
required is forthcoming;, provided that the period of such
imprisonment shall not exceed six months.
Section 32.
Except vyhen provided otherwise by the judgment, thu
period of detention undergone previous to the day of the
judgment shall be deducted from the period of imprisonment.
Section 33.
In calculating the period of imprisonment, a day begun
shall count for a whole day, and a month shall count for thirty
days.
Liberation shall take place on the day following that on
which the period of imprisonment terminates.
Section 34.
The provisions of this Code relative to the increase and
reduction of punishments do not apply to forfeiture of property.
Section 35.
The penalty of death or of imprisonment for life shall not
be inflicted by increasing any other punishment.
11
Section 36.
Any period of imprisonment when increased under the
provisions of this Code shall not exceed twenty years.
Section 37.
If the punishment to be reduced be death, such punishment
shall be reduced in the manner following, that is to say: —
(1). In case the reduction be one third, the punishment
shall be reduced to imprisonment for life, or for a
period of sixteen to twenty years.
(2). In case the reduction be one half, the punishment
shall be reduced to imprisonment for life or for
a period of twelve to twenty years.
Section 38.
If the punishment to be reduced be imprisonment for life,
such punishment shall be reduced in the manner following, that
is to say : —
(1). In case the reduction be one third, the punishment
shall be reduced to imprisonment for a period of
twelve to sixteen years.
(2). In case the reduction be one half, the punishment
shall be reduced to imprisonment for a period of
nine to twelve years.
Section 39.
Whenever any punishment is to be increased and reduced
under different provisions of this Code, an increase and a re-
duction of the same degree neutralize and annul each other.
12
If the increase and the reduction are not of the same
degree, the Court shall first increase the punishment and
afterwards reduce it.
Section 40.
Whenever the minimum punishment as reduced under this
Code is imprisonment of one month or less and fine, the Court
may inflict any less period of imprisonment than the minimum,
with or without fine, or may inflict fine only.
Section 41.
Whenever any offender is sentenced to imprisonment for
one year or less, and such offender has not been previously
convicted, the Court may, if it thinks fit, order by its judgment
the execution of the imprisonment to be conditionally suspended.
Section 42.
Whenever the execution of a judgment has been suspended
under section 41 and the offender does not commit within five
years any other oflTence defined in Book II. Titles I. to IX.,
for which he is sentenced to imprisonment by a final judgment,
the conditionally suspended sentence becomes null and void.
If the offender commits within five years anj' such subse-
quent offence for which he is sentenced to imprisonment by a
final judgment, the conditionally suspended sentence shall be
executed forthwith, without prejudice to the punishment awarded
for the subsequent offence and to the increased punishment
for recidive, that is to say, the offender shall successively undergo
both terms of imprisonment, and the Court in awarding
punishment for the second offence shall apply the rules
concerning recidive.
13
Chapter 4.
CAUSES WHIOH EXCLUDE OR LESSEN
THE LIABILITY TO PUNISHMENT.
Section 43.
A person shaU only be punished for an act done
intentionally, except where an act done by negligence is
specifically made punishable by law.
A person is said to do an act intentionally if such person
desired the doing of that act and at the same time desired or
could foresee the effect of such doing.
A person is said to do an act by negligence if such person
does that act unintentionally but under any of the following
circumstances, that is to say : —
(a) By omission of such care as might be expected
from a person of ordinarj' prudence.
(6) By omission of such skill in a profession as might
be expected from a person exercising such profession.
(c) In disobedience to any law, bye-law or lawful order.
Section 44.
Whoever intending to commit an offence commits such
offence by mistake or accident against a person other than the
person whom he intended to injure or could foresee he would
injure, shall be liable to the punishment provided for the offence
he knew, or he could foresee, he would commit.
Section 45.
The fact that an offender is ignorant of the law is in no
qase an excuse for his offence.
14 ;
Section 46. ~
'i
A person shall not be punished for any act done by hiiii
if at the time it is done he is prevented either by defectivl
mental power or by any disease affecting his mind from
appreciating the nature or illegality of his act, or from ;
controlling his own conduct.
The Court may, if it thinks liberation dangerous for the
public security, order such person to be put at tl^e disposal of
the Government for his detention in a lunatic asylum or other
suitable place of safe custody.
Section 47.
Whenever a person, at the time of committing any offence,
by reason of defective mental power or of any disease aifecting
his mind, is only partially able to control his] conduct or to i
appreciate the nature or illegality of* his act, the punishment j
provided for such offence shall be reduced at the discretion of
the Court.
Section 48.
Intoxication does not come under the provisions of sections
46 and 47, unless such intoxication is caused without Ihe
knowledge or against the will of the offender.
Section 49.
Except for offences against the King and State defined in
sections 97 to 111, a person shall not be punished for any act
done in the case of necessity, which exists : —
(1) when such person is under the influence of a force
such that he cannot avoid or resist, or
15
(2) when such person acts in good faith in order to
avoid the infliction upon himself or any other
person of a serious, imminent and irreparable evil
which could not be otherwise avoided and which
the person doing such act does not himself
voluntarily cause to exist,
provided that no more is done than is reasonably
necessary under the circumstances.
Section. 50.
A person shall not be punished who commits any act
reasonably required for the necessary defence of the life,
honour or property of himself or of any other person against
unlawful violence.
Section 51.
The right of lawful defence does not exist against any
official acting in good faith and under colour of his office.
Section 52.
A person shall not be punished for any act done in the
case of carrying out a lawful command. A lawful command
exists : —
(1) where the act is done in accordance with any law in
force, or
(2) where the act is prescribed by any civil or military
official whom such person is bound to obey,
or believes iri good faith he is bound to obey
notwithstanding such order be unlawful, provided
that the person doing the act believes in good faith
and on reasonable grounds that the order is lawful.
16
Section 53.
Whenever under any of the exceptions contained in
sections 49 to 52 the act committed is in excess of what is
necessary or permitted by law, the punishment provided
for the offence may be reduced at the discretion of the Court.
Section 54.
Whoever commits any offence relating to property defined
in sections 288 to 296, 304 to 321, 324 to 329 and 340 against
any of his relations in the direct ascending or descending line
shall be liable to the punishment prescribed for such offence
reduced by one half.
If such offence be committed by a husband against his wife
or by a wife against her husband, no punishment shall be
inflicted.
Section 55.
Whenever a person commits any offence on grave, unjust
and sudden provocation, the punishment provided for such
off'ence shall be reduced bv one half.
Section 56.
A child under the age of seven years shall not be punished
for committing any off'ence.
Section 57.
Whenever a child over the age of seven years and under
fourteen years commits any offence, the Court may either :—
17
(1) order such child to be discharged after due ad-
monition, if necessary, or
(2) hand over the child to his parents or guardians
and order the parents or guardians to enter into a
bond in a sum not exceeding one hundred ticals,
with or without security, for the good behaviour of
the child during a period not exceeding three
years, or
(3) direct such child to be kept in a Kefonnatory School
for a definite period of time not exceeding the
eighteenth year of age of such child.
Section 58.
Whenever a child over fourteen years of age and under
sixteen commits any oifence, the Court shall ascertain whether
such child had attained sufBcient maturity of understanding to
judge of the nature and illegality of his conduct.
If the child had not attained such sufficient maturity of
understanding, the Court shall apply the provisions of section
57 for children over seven years of age.
If the child had attained such sufficient maturity of
understanding, the punishment provided for such offence shall
be reduced by one half, or the Court may direct the child to be
kept in a Keformatory School in accordance with section 57
sub-section 3.
Section 59.
Whenever there exist in favour of an offender any extenua-
ting circumstances, the punishment provided for the offence
may be reduced by not more than one half, whether already
increased or reduced under any other provisions of this Code.
Extenuating circumstances may include weakness of mind,
previous good conduct, the efforts made by the offender to
minimise the injurious consequences of the offence, hig
18
voluntary surrender before the discovery of the offence, the
information he riiay have given about the circumstances of the
offence, or any other circumstance which the Court may
consider to be an extenuation of tiie criminal liability of the
offender.
Chapter 5.
ATTEMPT.
Section 60.
Whoever attempts to commit an offence but owing to
circumstances over which he has no control, is prevented from
the commission of such offence, shall be liable to the punishment
provided for such offence reduced by one third.
Section 61.
Whoever attempting to commit an offence spontaneously
desists from further carrying into effect the contemplated offence,
shall only be hable for the act actually done.
Section 62.
A person shall not be punished for attempting to commit
any petty offence.
Chapter 6.
PARTICIPATION IN THE COMMISSION OF AN
OFFENCE.
Section 63.
Whenever any offence is committed by two or more persons
every person directly taking part in the commission of any of
the acts wliich constitute such offence is said to be a principal,
19
and shall be liable to the punishment prescribed for such offenoe
in the same manner as if he had committed the offence alone.
Section 64.
Whoever by gift, promise, violence, threat, abuse of
authority or otherwise, causes or instigates another person to
commit any offence shall be liable, as principal, to the
punishment provided for such offence.
Section 65.
Whoever commits any of the acts hereafter specified, that
is to say : —
(1) who procures the opportunity, provides the means,
or gives any information which may assist in the
commission of the offence ;
(2) who bj' any acts done prior to, or at the time of
the offence, facilitates the commission of such
offence ;
is said to be an accessory to such offence, and shall be liable
to the punishment provided for such offence reduced by one
third.
Section 66.
Whenever any offence is committed by means of the
publication of any book, periodical work or other writing, the
person having caused such publication to be made shall be
liable as principal to the punishment provided for such offence.
If the person having caused the publication to be made
cannot be brought in Court, the publisher or printer shall be
liable as principal to the punishment provided for such offence.
Section 67.
Any person selling or distributing any book, periodical
work or other writing by the publication of which any offence
20
is committed shall be liable to punitihrnent as an accessory,
provided that such person knew that an offence was committed
by the publication of such book, periodical work or other writing.
Section 68.
Any circumstances relating to the person of an offender,
which exclude, lessen or aggravate the liability to punishment
shall only apply to such principal or accessory whom they
personally concern.
Any circumstances relating to the natu'i'e of the offence
which exclude, lessen or agjjravate the liability to punishment
shall apply to any person concerned in the offence, whether
principal or accessory.
Section 69.
An accessory to any petty offence shall not be punished.
Chapter 7.
CONCURRENCE OF OFFENCES.
Section 70.
Whoever by one and the same act violates several provisions
of the law, shall be punished under the provision prescribing
the severest punishment.
Section 71.
Whoever by one and the same judgment is found guilty of
several distinct offences shall be liable to the punishment
21
prescribed for each offence, provided that the aggregate term
of imprisonment, urdess it be impriRonraent for life, shall not
exceed twenty years, and the aggregate term of imprisonment
in lieu of fine shall not exceed two years.
Chapter 8.
RECIDIVE.
Section 72.
Whoever having been convicted of a prior offence commits
a subsequent offence before a specified time has elapsed from
the date of the completion or remission of the punishment
inflicted for such prior offence, is said to commit recidive.
Whoever is found guilty of recidive within five years shall
be liable to the punishment prescribed for the second offence
increased by one third.
Section 73.
Whoever is found guilty of recidive within three years,
both the prior and subsequent offence falling under the same
heading of the following list : —
(1) offences against the King and the State ;
(2) offences against officials ;
(3) malfeasance in office ;
(4) offences relating to public justice ;
(.5) secret societies, criminal associations and riots ;
(6) offences against public security and public
communications ;
(7) offences against public health ;
(8) false money, false seals, stamps and tickets ; false
documents ;
(9) offences against morality ;
,'10) offences against life and body;
22
(11) offences against liberty and reputation ;
(12) offences against property ;
shall be liable to the punishment prescribed for the subsequent
offence increased by one half, provided that the punishment
inflicted for the prior offence was imprisonment for a period of
not less than six months.
Section 74.
Whoever has been found guilty twice of any offence against
life and body, or of any offence of theft, snatching, robbery,
gang-robbery, piracy, extortion, cheating and fraud, criminal
misappropriation or receiving stolen property described in
sections 249 to 259, and sections 288 to 323, and within five
years commits any offence under any of the same sections, shall
be liable to double the punishment prescribed for the subsequent
offence, provided that the punishment inflicted for each prior
offence was imprisonment for a period of not less than six
months.
Section 75.
The provisions relating to recidive in sections 72, 73 and
74 shall not apply to : —
(1). Any petty offence.
(2). Any offence committed by negligence.
Section 76.
Whoever is found guilty of recidive within one year,
the prior and subsequent offence coming both under the same
sub-section of sections 334 to 340 shall be liable to double the
punishment prescribed for the subsequent offence.
23
Chapter 9.
EXTINCTION OF THE EIGHT TO PROSECUTE
OR EXECUTE A PUNISHMENT,
Section 77.
The right to prosecute any person for an offence or to
execute punishment against any person shall be extinguished by
the death of such person.
Section 78.
Prosecution of an offence shall be precluded by
prescription : —
(1). After twenty years in the case of offences punishable
with death, or imprisonment for life.
(2). After fifteen years in the case of offences punishable
with imprisonment exceeding seven years and not
exceeding twenty years.
(3). After five years in the case of offences punishable
with imprisonment exceeding one month and not
exceeding seven years.
(4). After one year in the case of all other offences.
Section 79.
The prescription of prosecution shall be interrupted by any
proceeding instituted before a Court, or the issue of any
summons or warrant against the accused in respect of the
offence charged.
Section 80.
The right to prosecute a person having committed a
conipoundable offence shall be extinguished if the person
entitled to prosecute does not make a complaint within three
24
months from the day when the offence and the person who
committed it became known to him.
Section 81.
The lawful withdrawal of a complaint regarding any
compoundable offence or the lawful composition of such
offence shall extinguish the right of prosecution.
Section 82.
The execution of punishment shall be precluded by
prescription : —
(1). After twenty years in the case of a sentence to death
or to imprisonment for life.
(2). After fifteen years in the case of a sentence to
imprisonment exceeding seven years, and not
exceeding twenty years.
(8). After five years in the case of a sentence to any other
punishment.
Section 83.
The prescription of the right to execute punishment shall
be computed from the day when the sentence inflicting such
punishment became final or when the execution of such
punishment ceased.
The prescription shall not run during the time the
execution of the sentence is suspended according to law.
Section 84.
The prescription of the execution of punishment shall be
interrupted : —
(1). By the arrest of the convicted person.
(2). By an order of any competent official directing the
execution of the punishment.
25
Section 85.
Whenever the prescription of the right to prosecute or to
execute punishment has been interrupted, a fresh period of
prescription shall be computed from the day of such
interruption.
Section 86.
The prescription of the right to prosecute or to execute
punishment shall apply even when the accused or the convicted
person does not avail himself of it.
Chapter 10.
CLAIM FOE RESTITUTION AND DAMAGES.
Section 87,
Whenever any offence has been committed, two separate
a.ctions may be brought regarding the offence, that is to say : —
(1) a criminal prosecution for awarding the punishment
provided by the Penal Law for such offence, and
(2) a civil claim for making good any injury caused by
the offence to any person.
The civil claim accrues to the injured person. It includes
the restitution of the property which the injured person has
been wrongfully deprived of by the offence, or its value, and
damages for any other injury resulting from the offence.
Section 88.
The criminal prosecution does not bar the right of the
injured person to bring a civil claim.
26
Section 89.
The civil claim may be brought either in the Criminal
Court where the case is tried or in the competent Civil Court.
Section 90.
In giving judgment concerning the civil claim, the Court
shall be bound by the facts as found by the judgment in the
criminal action, if any.
Section 91.
Judgment in the civil claim shall be given in accordance
with the provisions of law concerning civil liability, without
regard to the conviction or non-conviction of the accused.
The valuation of the property which is ordered to be
returned to the claimant, and the amount of damages shall be
fixed according to the actual value of such property and to the
injury actually suffered, provided that such valuation or amount
is not in excess of the claim.
Section 92.
Execution of judgment granting restitution or damages
shall be carried out in the same way as the levying of a fine,
according to sections 18, 19 and 20.
Section 93.
Except when provided otherwise by the judgment, all
persons sentenced for the same ofTence are jointly and severally
liable for restitution and damages.
27
Such joint and several liability applies only to the payment
of damages or restitution, and does not extend to imprisonment
in lieu thereof.
Section 94.
In case of costs, fine, restitution and damages being levied
by distress concurrently and the property being not sufficient
to satisfy all three, the proceeds shall be applied as follows : —
(1). To the payment of costs.
(2). To the payment of restitution and damages due to
the injured person.
(3). To the payment of fine.
Section 95.
Even when the injured party does not bring a civil claim,
the Court may, in giving judgment in the criminal action order
any property or the value thereof to be restored to the lawful
owner.
Section 96.
The right to bring a civil claim in connection with an
oifence shall be precluded by prescription according to sections
78 to 81, 85 and 86 in like manner as the right to prosecute
the oflTender.
28
BOOK II.
SPECIFIC OFFENCES,
Title I.
OFFENCES AGAINST THE KING AND THE STATE.
Chapter 1.
OFFENCES AGAINST THE EOYAL FAMILY.
Section 97.
Whoever commite any act of violence against the King,
the Queen, the Crown Prince, or the Regent during the Regency,
shall be punished with death.
The same punishment shall be inflicted on any person who
makes preparations for, or conspires for the commission of, or
attempts to commit, or is an accessory to or assists in keeping
secret any intention or conspiracy to commit such offence.
Section 98.
Whoever threatens, insults or defames the King, the
Queen, the Crown Prince, or the Regent during the Regency,
shall be punished with imprisonment not exceeding seven years
and fine not exceeding five thousand ticals.
Section 99.
Whoever commits any act of violence against any member
of the Royal Family being the son or daughter of a Sovereign
shall be liable to the punishment provided for such offence
increased by one third.
The minimum punishment shall be imprisonment for one
year.
If the offence committed be murder or attempt to murder,
the punishment shall be death.
29
Section 100.
Whoever threatens, insults or defames any member of the
Koyal Family being the son or daughter of a Sovereign shall be
punished v?ith imprisonment not exceeding three years and
fine not exceeding two thousand ticals.
Chapter 2.
OFFENCES AGAINST THE INTEENAL
SECURITY OF THE STATE.
Section 101.
Whoever commits any act of violence for the purpose of
overthrowing the Government, or of changing the political
constitution of the State, or of seizing any part of the country,
is said to commit insurrection, and shall be punished with death
or imprisonment for life.
Section 102.
Whoever collects forces or arms, or otherwise makes
preparations or conspires for the commission of insurrection or
instigates the inhabitants of the country to commit insurrection,
or assists in keeping secret any intention of conspiracy to
commit such offence, shall be punished with imprisonment of
three to fifteen years and fine of five hundred to five thousand
ticals.
If insurrection be actually committed, he shall be punished
in the same manner as a person committing insurrection under
section 101.
Section 103.
Whoever instigates any person serving in His Majesty's
Army or Navy to desert, or to commit mutiny, or not to execute
his duty, shall be punished with imprisonment not exceeding five
years and fine not exceeding one thousand ticals.
30
Section 104.
Whoever publicly commits any act expressly intended : —
(1) to bring into hatred or contempt the Sovereign, the
Government or the administration of the State, or
(2) to raise discontent and disaffection amongst the
people, in a manner likely to cause disturbance, or
("3) to instigate people to transgress the laws of the country,
shall be punished with imprisonment not exceeding three years
and fine not exceeding one thousand ticals.
Chapter 3.
OFFENCES AGAINST THE EXTERNAL
SECURITY OF THE STATE.
Section 105.
Whoever enters into communication with any foreign
Government or with the agent of any foreign Government, with
intent to subject the country or part of the country to the
dominion of any foreign Government, or commits any other act
to the same effect, shall be punished with imprisonment for life
or for a period of five to twenty years.
If such foreign Government has at such time or afterwards
committed any hostile act or declared war against the country,
the offender shall be punished with death or imprisonment for life.
Section 106.
Whoever by any unlawful means obtains knowledge or
communication of any information, plan or document, which it
is necessary to keep secret for the security of the State, shall
be punished with imprisonment not exceeding three years and
fine not exceeding one thousand ticals.
Whoever unlawfully takes a design, sketch or plan of any
fortification, man-of-war, or military works, or clandestinely
enters upon forbidden military works, shall be liable to the
same punishment.
Section 107.
Whoever wrongfully communicates to any foreign
Government or to any person any information, plan or document
51
which it is necessary to keep secret for the security of the
country, shall be punished with imprisonment of one to seven
years and fine of two hundred to two thousand ticals.
If such person obtained such information, plan or document
as provided in section 106 or by reason of his functions as an
official, he shall be punished with imprisonment of five to fifteen
years and fine of five hundred to five thousand ticals.
Section 108.
Whoever wilfully does any act likely to endanger the
external security of the State shall be punished with
imprisonment of one to fifteen years and fine of one hundred to
five thousand ticals.
Section 109.
Whoever being a Siamese subject bears arms against the
country or takes service in the army of an enemy shall be
sentenced to death, or imprisonment for life, or for a period of
ten to twenty years and fine of two hundred to two thousand
ticals.
Section 110.
Whoever assists the operations of an enemy against the
country shall be punished with imprisonment of five to fifteen
years and fine of five hundred to five thousand ticals.
If such assistance be rendered : —
(1) by destroying, rendering useless or bringing into
the power of an enemy any fortified place, means
of communication, man-of-war, store of arms,
ammunitions, food or any other property used by
the State for the purposes of war ;
(2) by instigating any person serving in His Majesty's
Army or Navy to desert, or to commit mutiny, or
not to execute his duty ;
(3) by acting as a spy or guide for an enemy or otherwise
by procuring for an enemy any information, plan
or document ;
the punishment shall be death or imprisonment for life and
fine of five hundred to five thousand ticals.
32
Section 111.
Whoever makes any preparation for the purpose of
committing, or conspires or attempts to commit any of the
offences mentioned in this chapter shall be liable to the
punishment provided for the offence itself.
Chapter 4.
OFFENCES AGAINST THE FRIENDLY
RELATIONS WITH FOREIGN STATES.
Section 112.
Whoever commits any act of violence against the Sovereign
of a friendly state or his Consort or Heir-apparent, or against
the President or other Head of a friendly state shall be liable to
the punishment prescribed for such offence, increased by one third.
The minimum punishment shall be imprisonment for three
years.
If the offence committed be murder or attempt to murder
the punishment shall be death.
Section 113.
Whoever threatens, insults or defames the Sovereign of a
friendly state or his Consort or Heir-apparent, or the President
or other Head of a friendly state shall be punished with
imprisonment not exceeding three years and fine not exceeding
two thousand ticals.
Section 114.
Whoever commits any offence against the Representative
of a foreign state accredited to the Government shall be liable
to the punishment prescribed for the commission of such offence
against an official.
Section 115.
Whoever publicly pulls down, destroys, or does any act to
injure the flag or any emblem of a foreign state, with the intent
to deride such state, shall be punished with imprisonment not
exceeding six months and fine not exceeding five hundred ticals.
33
Title II.
OFFENCES KELATING TO PUBLIC
ADMINISTRATION.
Chapter 1.
OFFENCES AGAINST OFFICIALS.
Section 116.
Whoever insults any official in the lawful exercise of his
functions or by reason of the lawful exercise of his functions
shall be punished with imprisonment not exceeding six months
or fine not exceeding two hundred ticals, or both.
Section 117.
Whoever being required by any order or requisition made
in accordance with law omits without justifiable cause or excuse
to assist any official in the lawful exercise of his functions, shall
be punished with imprisonment not exceeding three months or
fine not exceeding one hundred ticals, or both.
Section 118.
Whoever gives to any official any information which he
knows to be false, and likely to cause injury to any person or to
the public, shall be punished with imprisonment not exceeding
six months or fine not exceeding five hundred ticals, or both.
Section 119.
Whoever resists or obstructs any official in the lawful
exercise of his functions shall be punished with imprisonment
not exceeding six months or fine not exceeding two hundred
ticals, or both.
34
Section 120.
Whoever commits or threatens to commit any violence in
order to resist or obstruct any official in the lawful exercise of
his functions or any person lawfully required to assist such
official, or in order to compel any official to do or not to do any
act connected with the lawful exercise of his functions, shall be
punished with imprisonment not exceeding two years and fine
of fifty to five hundred ticals.
If the offence be committed by a person carrying any arms
or by an assembly of five or more persons the punishment shall
be imprisonment of three months to five years and fine of fifty
to five hundred ticals.
Section 121.
Whoever unlawfully breaks, removes or otherwise makes
ineffectual any official seal lawfully affixed by any official to any
document or other property, shall be punished with
imprisonment not exceeding two years and fine not exceeding
five hundred ticals.
Section 122.
Whoever damages, destroys, conceals or makes away with
any attached property, books or documents, or any property,
books or documents the production of which is required by any
official, shall be punished with imprisonment not exceeding one
year and fine not exceeding five hundred ticals, provided that
such offence does not amount to theft, robbery, criminal
misappropriation or mischief.
Section 123.
Whoever professing to have any personal influence with
any official accepts any gift or the promise of any gift for
himself or for any other person as a motive or a reward for
exercising his influence in order to procure any advantage or
disadvantage to any person by the exercise or non-exercise of
any of the functions of any official, shall be punished with
imprisonment not exceeding two years and fine not exceeding;
one thousand ticals.
35
Section 124.
Whoever accepts any gift or the promise of any gift in
consideration of giving any bribe to any official, or of causing
any official wrongfully to exercise or not to exercise his
functions, shall be punished with imprisonment of three months
to five years and tine of one hundred to two thousand ticals.
Section 125.
Whoever offers any bribe or the promise of any bribe to
any official with intent to induce such official to do or not to do
any act of his functions, shall be punished with imprisonment
not exceeding one year and fine which may extend to one
thousand ticals or to double the value of the bribe.
If the bribe be offered to an official vested with judicial
functions, and be intended to influence any opinion, order or
judgment to be given by such official in such capacity, the
punishment shall be imprisonment of six months to three years
and fine which may extend from fifty ticals to one thousand
ticals or to double the value of the bribe.
Section 126.
If the offer mentioned in the preceding section be accepted,
the provisi'ons of sections 138 or 189 shall apply to both the
person who offered the bribe and the official who accepted or
agreed to accept the bribe.
Section 127.
Whoever unlawfully exercises the functions of any official
by falsely pretending to be invested with such functions
shall be punished with imprisonment not exceeding one year
and fine not exceeding five hundred ticals.
Any official who has been duly ordered to discontinue
further exercise of his functions, and continues to exercise
such functions, shall be liable to the same punishment.
Section 128.
Whoever in public wrongfully wears any official garb or
other insignia of an official, or uses any official title, rank or
36
decoration intending that it may be believed that he has a right
to such garb, insignia, distinction, rank or decoration, shall be
punished with imprisonment not exceeding one year or fine
not exceeding five hundred ticals, or both.
Chapter 2.
MALFEASANCE IN OFFICE.
Section 129.
Whoever being an official entrusted in his official capacity
with the administration or custody of any document or property
wrongfully destroys or damages such document or property or
knowingly allows the same to be destroyed or damaged, shaU
be punished with imprisonment of one month to five years and
fine of fifty to one thousand ticals.
Section 130.
Whoever being an official entrusted in his official capacity
with the custody of any document or property to which an
official seal has been lawfully affixed, wrongfully breaks,
removes or otherwise makes ineflfectual such seal or knowingly
allows such seal to be broken, removed or otherwise made
ineffectual, shall be punished with imprisonment of one month
to five years and fine of fifty to one thousand ticals.
Section 131.
Whoever being an official entrusted in his official capacity
with the purchase, manufacture, administration or custody of
any property, wrongfully appropriates such property or
knowingly allows the same to be misappropriated, shall be
punished with imprisonment of three months to seven years and
fine of one hundred to one thousand ticals.
Section 132.
Whoever being an official entrusted in his official capacity
with the purchase, manufacture, administration or custody of
37
any property exercises his functions in order to procure for
himself or any other person any undue advantage to the injury
of the State or of the owner of such property, shall be punished
with imprisonment of three months to seven years and fine of
one hundred to two thousand ticals.
Section 133.
Whoever being an official takes either directly or indirectly
any pecuniary interest in any matter the management or
superintendence of which has been entrusted to him in his
official capacity, shall be punished with imprisonment not
exceeding six months or tine not exceeding five hundred ticals,
or both.
Section 184.
•
Whoever being an official entrusted in his official capacity
with the disbursement of money of the State or of any Public
Institution pays out a larger amount than is actually due in
order to procure for himself or for any other person any undue
advantage, shall be punished with imprisonment of three
months to seven years and fine of one hundred to two thousand
ticals.
Section 135.
Whoever being an official entrusted or pretending to be
entrusted in his official capacity with the collection of taxes,
duties or other payments to the State or to any Public
Institution, collects any money or property which is not due or
in excess of what is due, without accounting to the State or to
the Public Institution for such money or property, shall be
punished with imprisonment of three months to seven years and
fine of one hundred to two thousand ticals.
Section 136.
Whoever being an official, by a wrongful exercise of his
functions, compels any person to deliver or to procure to himself
or to any other person any property or other undue advantage,
shall be punished with imprisonment of three months to seven
years and tine of one hundred to three thousand ticals.
38
Section 137.'
Whoever being an official demands, accepts or agrees to
accept, for himself or for any other person any property or
other undue advantage as a motive or reward for showing or
forbearing to show favour or disfavour to any person in the
exercise of his official functions, shall be punished with
imprisonment not exceeding two years and fine not exceeding
one thousand ticals.
Section 138.
Whoever being an official demands, accepts or agrees to
accept for himself or for any other person any bribe for
exercising or omitting to exercise any of his functions, provided
that such exercise or non-exercise of his functions be not
wrongful, shall be punished with imprisonment not exceeding
two years and fine which may extend to one thousand ticals or
to double the value of the bribe.
If such exercise or non-exercise of his functions be
wrongful, the punishment shall be imprisonment of three months
to five years and fine which may extend from one hundred to
two thousand ticals, or to double the value of the bribe.
If such wrongful exercise or non-exercise of his functions
be not committed, the punishment shall be reduced by one half
Section 139.
Whoever being an official vested with judicial functions
demands, accepts or agrees to accept for himself or for any
other person any bribe intended to influence any opinion, order
or judgment to be given by him in his official capacity, shall be
punished with imprisonment of two to ten years and fine which
may extend from one hundred to five thousand ticals, or to
double the value of the bribe.
Section 140.
Whenever a bribe is demanded or accepted or agreed to be
accepted by a person who expects to become an official and who,
on being appointed to office, exercises his functions in
39
consideration of such bribe, such person shall be liable to the
punishment prescribed for an official demanding or accepting a
bribe.
Section 141.
Whenever a bribe has been given, such bribe or the value
of such bribe shall be forfeited.
Section 142.
Whoever being an official entrusted in his official capacity
with the discovery, investigation or prosecution of offences,
wrongfully exercises or omits to exercise his functions with
intent to save a person from legal punishment, shall be
punished with imprisonment of three months to five years and
fine of fifty to one thousand ticals.
If such official wrongfully exercises or omits to exercise
his functions with intent to subject a person to any punishment
not due or in excess of what is lawful, the punishment shall be
imprisonment of six months to seven years and fine of one
hundred to two thousand ticals.
Section 143.
Whoever being an official employed in the Post or
Telegraph Department wrongfully breaks open or destroys or
makes away with any letter, telegram or other mail matter, or
delivers such letter, telegram or mail matter to any person to
whom he knows it not to be addressed, or discloses the contents
of such letter, telegram or mail matter, shall be punished with
imprisonment of one month to six months and tine of ten to
one hundred ticals.
If injury be caused to any person, the punishment shall be
imprisonment of three months to five years and fine of fifty
to one thousand ticals.
Section 144.
Whoever being an official and by reason of his functions
possessed of any secret relating to the business of the State,
40
wrongfully discloses such secret, shall be punished with
imprisonment not exceeding one year and fine not exceeding
one thousand ticals.
Section 145.
Whoever being an oflBcial wrongfully exercises or omits to
exercise his functions with intent to cause injury to any person,
provided that such act is not otherwise declared to be an offence
by law, shall be punished with imprisonment not exceeding
two years and fine not exceeding one thousand ticals.
Section 146.
Whoever being an official invested with the duty of
executing any law, or regulation, or judgment or order of any
superior officer prevents or obstructs the execution of such law,
regulation, judgment or order, shall be punished with
imprisonment not exceeding six months and fine not exceeding
five hundred ticals.
Title III.
OFFENCES RELATING TO PUBLIC JUSTICE.
Chapter 1.
OFFENCES AGAINST THE ADMINISTRATION
OF JUSTICE.
Section 147.
Whoever being lawfully required to appear as witness or
expert in any judicial proceeding fails to appear without
reasonable excuse, shall be punished with imprisonment not
exceeding six months or fine not exceeding one hundred ticals,
or both.
41
Section 148.
Whoever being lawfully required in any judicial proceeding
to take an oath or make an affirmation, or to make a statement
as to any matter, or to sign such statement, refuses to comply
with such requisition, shall be punished with imprisonment not
exceeding six months or fine not exceeding one hundred
ticals, or both.
Section 149.
Whoever being lawfully required in any judicial proceeding
to produce any document or other property or to cause such
document or property to be produced, fails to comply with
such requisition, shall be punished with imprisonment not
exceeding six months or fine not exceeding one hundred
ticals, or both.
Section 150.
Whoever after having produced in any judicial proceeding
any document or other property, damages, destroys, conceals
or makes away with such document or property, shall be
punished with imprisonment not exceeding six months or fine
not exceeding five hundred ticals, or both.
Section 151.
Whoever oflFers any insult to a Court sitting in any
judicial proceeding, or obstructs the sitting of such Court,
shall be punished with imprisonment not exceeding two years
and fine not exceeding one thousand ticals.
Section 152.
Whoever by any violence or by any threat, gift, or promise
obstructs or hinders any public auction ordered by a Court
shall be punished with imprisonment not exceeding three months
or fine not exceeding one hundred ticals, or both.
If the auction be conducted by an official, the provisions
of section 120 shall be applied.
42
Section 153.
Whoever wrongfully takes any judicial proceeding in the
name of a fictitious person, or in the name of a real person,
but without his authority or consent, shall be punished with
imprisonment not exceeding six months or tine not exceeding
five hundred ticats, or both.
Section 154.
Whoever with intent to cause any person to escape legal
punishment, either
(1) causes any evidence of the commission of any
offence to disappear, or
(2) gives anj'^ information respecting any offence which
he knows to be false, or
(B) harbours or conceals the offender or accused, or
(4) otherwise assists such offender or accused in evading
arrest,
shall be punished with imprisonment of one month to three
years and fine of twenty to two hundred ticals.
If the offence charged be punishable with death or
imprisonment of fifteen years or upwards, the punishment shall
be imprisonment of three months to five years and fine of fifty to
five hundred ticals.
Whenever the offence defined in this section, sub-sections
3 and 4, is committed by the husband or wife of the offender or
accused, no punishment shall be inflicted.
Chapter 2.
FALSE CHARGE AND FALSE EVIDENCE.
Section 155.
Whoever having duly taken an oath or made an affirmation
makes in any judicial proceeding a statement which he knows
43
to be false on any point material to the case, is said to give false
evidence, and shall be punished with imprisonment of three
months to three 3'ears and fine of fifty to five hundred ticals.
Section 156.
Whoever gives false evidence in a criminal proceeding
shall be punished with imprisonment of three months to five
years and fine of one hundred to one thousand ticals.
Section 157.
Whoever causes any circumstance to exist or makes any
false entry or statement in any book or document knowing that
such circumstance, entry or statement may be produced in any
judicial proceeding, as evidence on any point material to the
case, is said to fabricate false evidence.
Whoever produces any fabricated evidence in any judicial
proceeding shall be liable to the punishment prescribed by
sections 15.5 or 156 as the case may be.
Section 158.
Whoever by a complaint or information charges any person
with the commission of an offence, knowing such charge to be
false, shall be punished with imprisonment of one month to two
years and fine of twenty to five hundred ticals.
If the charge relate to an offence punishable with death
or with imprisonment of fifteen years or upwards the punishment
shall be imprisonment of three months to three years and fine
of fifty to one thousand ticals.
Section 159.
Whoever by a complaint or information gives notice of an
offence which he knows not to have been committed, or
fabricates any false evidence in connection with such pretended
offence, shall be punished with imprisonment not exceeding one
year and fine not exceeding five hundred ticals.
Section 160.
Whenever in consequence of any false evidence or any false
charge defined in sections 156, 157, 158 and 159 an innocent
person be convicted of a petty offence or of any other offence
punishable with imprisonment not exceeding three months, or
with fine only, the person who gave or fabricated such false
evidence or made such false charge shall be punished with
imprisonment of one to five years and fine of one hundred to
one thousand ticals.
If the innocent person be convicted of any other offence,
the punishment shall be imprisonment of two to ten years
and fine of one hundred to one thousand ticals.
If the innocent person be sentenced to death and executed
the punishment shall be imprisonment of ten to twenty years
and fine of one hundred to two thousand ticals.
Section 161.
Whoever making a false charge withdraws the same before
any proceedings are taken against the person charged shall be
punished with imprisonment not exceeding three months and
fine not exceeding one hundred ticals.
Section 162.
Whoever giving false evidence withdraws the same and
declares the truth before the conclusion of his evidence shall not
be punished for such offence.
If in the presence of the oflBcial who received the false
evidence such statement be withdrawn and the truth declared
before any judgment be given and before any charge for false
evidence be entered, the punishment prescribed for false
evidence shall be reduced by one-half.
45
Chapter 3.
ESCAPE OF PRISONERS.
Section 163.
Whoever being in lawful custody escapee from such
custody shall be punished with imprisonment not exceeding six
months or fine not exceeding one hundred ticals, or both.
Section 164,
Whoever being in lawful custody escapes by breaking gaol
or committing or threatening to commit any violence shall be
punished with imprisonment of three months to three years
and fine of fifty to five hundred ticals.
Section 165.
Whoever rescues any person in lawful custody from such
custody or facilitates his escape shall be punished with
imprisonment of one month to two years and fine of twenty to
two hundred ticals.
If such person be a prisoner under sentence of death or of
imprisonment of fifteen years or upwards, the punishment shall
be imprisonment of six months to five years and fine of fifty to
five hundred ticals.
Section 166.
Whoever rescues any person in lawful custody or facilitates
his escape from such custody by committing or threatening to
commit any violence shall be punished with imprisonment of six
months to five years and fine of fifty to five hundred ticals.
If such person be a prisoner under sentence of death or of
imprisonment of fifteen years or upwards, the punishment shall
be imprisonment of one to seven years and fine of one hundred
to one thousand ticals.
46
Section 167.
Whenever a person committing any of the offences defined
in sections 165 and 166 is the husband or wife of the
rescued person, or brother or sister, or any relation in the
direct ascending or descending line, the punishment shall be
reduced by one half.
Section 168.
Whoever being an official entrusted in his ofSciaJ capacity
with the care of any person in lawful custody facilitates or
intentionally allows the escape of such person, shall be punished
with imprisonment of one to seven years and fine of one
hundred to one thousand ticals.
If such person be a prisoner under sentence of death or of
imprisonment of fifteen years or upwards, the punishment shall
be imprisonment of two to ten years and fine of twQ hundred to
two thousand ticals.
Section 169.
Whoever being an official having in his functions the care
of any person in lawful custody negligently allows such person
to escape, shall be punished with imprisonment of one month
to two years and fine of twenty to two hundred ticals.
If such person be a prisoner under sentence of death or of
imprisonment for fifteen years or more, the punishment shall be
imprisonment of three months to three years and fine of fifty to
five hundred ticals.
In case the escaped person be retaken within four months
the punishment inflicted upon the negligent official shall cease
forthwith.
Section 170.
Any person sentenced to restriction of residence who shall
move outside the limits of his compulsory residence, or appear
in any prohibited place or district, shall be punished with
imprisonment not exceeding one year and fine not exceeding
five hundred ticals,
47
Section 171.
In awarding punishment under the provisions of this
chapter, the Court shall take into consideration the length of
imprisonment or restriction of residence still to be suffered by
the offender and the gravity of the offence with which such
offender was charged.
Title IV.
OFFENCES AGAINST EELIGION.
Section 172.
Whoever destroys, damages or defiles any place of worship
of any religion or any object held sacred by any class of persons,
in a manner likely to insult the religion of any person, shall be
punished with imprisonment not exceeding three years and fine
not exceeding one thousand ticals.
Section 173.
Whoever causes any disturbance at an assembly lawfully
engaged in the performance of religious worship or religious
ceremonies shall be punished with imprisonment not exceeding
one year and fine not exceeding two hundred ticals.
Title V.
OFFENCES AGAINST PUBLIC SAFETY OF FEESONS
AND PROFEETY.
Chapter 1.
ABETMENT OF OFFENCES NOT COMMITTED.
Section 174.
Whoever by any inducement instigates any person to
commit an offence punishable with imprisonment of not less
48
than one year shall be liable to one fourth of the punishment
provided for such offence, with a maximum punishment of
imprisonment of three years.
If the offence abetted be actually committed, or attempted
to be committed, the abettor shall be liable as a principal in
such offence in accordance with the provisions of section 64.
Section 175.
Whoever by any instigation or promise of a gratification
addressed to the public endeavours to cause any person to
commit an offence punishable with imprisonment of not less
than six months shall be liable to one third of the punishment
provided for such offence, with a maximum punishment of
imprisonment of five years.
If the offence instigated be actually committed or attempted
to be committed, the instigator shall be liable as a principal in
such offence in accordance with the provisions of section 64.
Section 176.
Whoever offers himself to commit a certain specified
offence in consideration of a gratification shall be liable to the
punishment prescribed in section 174.
Chapter 2.
SECEET SOCIETIES AND CRIMINAL ASSOCIATIONS.
Section 177.
Whoever is a member of an association the proceedings
of which are secret and the object of which is unlawful, is said
to be a member of a secret society and shall be punished with
imprisonment not exceeding three years and fine of fifty to
five thousand ticals.
The chiefs, managers or office-bearers of a secret society
shall be punished with imprisonment not exceeding five years
and fine of one hundred to five thousand ticals.
49
Section 178.
Whenever five or more persons conspire to commit any
offence defined in Book II. Titles 11. to IX., of this Code, and
punishable with imprisonment exceeding one year, every such
person is said to be a member of a criminal association and
shall be punished with imprisonment of six months to five years
and fine of fifty to five hundred ticals.
If the associated persons make preparations for the
purpose of committing gang -robbery, the punishment shall be
imprisonment of two to ten years and fine of one hundred to one
thousand ticals.
Section 179.
Whoever attends a meeting of a secret society or criminal
association is presumed to be a member of such society or
association unless he can show that he attended such meeting
in ignorance of its nature or object.
Section 180.
Whoever procures for members of a secret society or
criminal association any place of meeting, or induces any person
to become a member of such society or association, or aids such
society or association by contribution of money or in any other
way, or assists the members of such criminal association in
disposing of property obtained through any offence, shall be
liable to the punishment prescribed for being a member of such
society or association.
Section 181.
Whenever an offence is committed by a member of a
secret society or criminal association in prosecution of the
common object of such society or association, every member
who was present at the commission of such offence, or who
was present at any meeting where the commission of such
offence was decided upon, and everj' chief, manager or office-
bearer of sucli society or association shall be liable to the
punishment prescribed for such offence.
50
Section 182.
Whoever habitually furnishes lodging, or a place of retreat
or of meeting to persons whom he knows to have committed
offences under Book II. Titles I. to IX., is punishable as an
accessory to such offences.
Chapter 3.
RIOTS.
Section 183.
Whenever ten or more persons being assembled together
commit or threaten to commit an}' violence or any other breach
of the peace, each person taking part in such assembly is said
to commit riot and shall be punished with imprisonment not
exceeding six months and fine not exceeding one hundred ticak.
If in such assembly one or more armed persons are present,
the punishment shall be imprisonment not exceeding two years
and fine not exceeding two hundred ticals.
Section 184.
Whenever the persons committing riot are ordered by any
competent official to disperse every person who not being armed
and not having committed any violence obeys such order shall
not be punished under the provisions of the preceding section,
but every person refusing to obey shall be punished with
imprisonment of one month to three years and fine of fifty to
five hundred ticals.
Chapter 4.
OFFENCES AGAINST PUBLIC SECURITY, PUBLIC
COMMUNICATIONS AND PUBLIC HEALTH.
Section 185.
Whoever sets fire to any property belonging to any other
person shall be punished with imprisonment of six months to
seven years and fine of fifty to one thousand ticals.
51
Section 186.
Whoever sets fire to
(1) any forests or stacked crops or forage,
(2) any dwelling place,
(3) any building or vessel used for the manufacture or
storage of goods,
(4) any public building or place of public worship,
shall be punished with imprisonment of two years to ten
years and fine of one hundred to five thousand ticals.
Section 187,
Whoever sets fire to his own property shall be liable to
the punishment prescribed by sections 185 or 186 if he caused
any danger or injury to the life, body or property of any other
person.
Section 188.
Whoever causes any explosion likely to injure any person
or any property shall be liable, according to the circumstances,
to the punishment prescribed by sections 185, 186 or 187.
Section 189.
Whenever the property on which any offence defined in
sections 185, 186 or 188 is committed is of little value and
there is no danger to the life or body of any person or of fire
spreading to other property, the provisions relating to mischief
in sections 324, 325 and 326 shall be applied.
Section 190.
Whoever injures any building, structure, machinery,
electric conductor or any apparatus used for the protection of
persons or property, in a manner likely to cause danger to the
life or body of any person, shall be punished with imprisonment
of three months to- five years and fine of fifty to one thousand
ticals.
52
Section 191.
Whoever injures any public road, bridge, canal or other
way used for public traffic, or any embankment, dam, sluice,
dock, or other hydraulic work, or any vessel, or any machinery,
vehicle or work connected witli any railway or tramwaj', in a-
manner likely to cause danger to traffic or to the safety of
persons or property, sball be punished with imprisonment of
three months to five years and fine of fifty to one thousand ticals.
Section 192.
Whoever places any obstacle upon any railway or tramway,
or loosens or displaces any rail or injures any signal or does
any other act likely to cause an accident, shall be punished with
imprisonment of six months to seven years and fine of fiftj' to
one thousand ticals.
If any accident be actually caused, the punishment shall
be imprisonment of two to ten years and fine of one hundred
to two thousand ticals.
Section 193.
Whoever injures any sea-going vessel or injures any light,
buoy, or other signal placed for the safety of navigation, or
does any other act likely to cause the stranding or sinking of
any sea-going vessel, shall be punished with imprisonment of
six months to seven years and fine of fifty to one thousand ticals.
If the stranding or sinking of any sea-going vessel be
actually caused, the punishment shall be imprisonment of two
to ten years and fine of one hundred to two thousand ticals.
Section 194.
Whenever the injury caused to public communications as
described in sections 19l, 192 and 193 is insignificant and no
danger has been caused to the life or body of any person, the
provisions relating to mischief in sections 324, 325 and 326
shall be applied.
53
Section 195.
Whoever knowingly uses for public conveyance of persons
any vessel which is overladen Or unfit to perform such service
shall be punished with imprisonment not exceeding one year
or tine not exceeding two thousand ticals, or both.
Section 196.
Whoever injures any apparatus, wire, cable, vehicle or
other thing used for the working of the Post, Telegraph or
Telephone Department or for the working of the telegraphic
service of the Railway Department or does any other act
preventing transmission or delivery of any message by such
services^ shall be punished with imprisonment of one month to
three years and fine of twenty to two hundred ticals.
Section 197.
Whoever with intent to conceal any birth or death secretly
buries a corpse or conceals or removes such corpse shall be
punished with imprisonment not exceeding one year or fine
not exceeding five hundred ticals, or both.
Section 198.
Whoever adulterates any article of food or drink or any
drug intended for human consumption or use, and thereby
renders it injurious to health, or whoever knowingly sells
or exposes for sale such adulterated article, shall be punished
with imprisonment not exceeding two years and fine not
exceeding five thousand ticals.
Section 199.
Whoever introduces any poisonous substance into the
water of any well, tank or reservoir intended for public use
shall be punished with imprisonment of six months to seven
years and fine of one hundred to two thousand ticals.
54
Section 200.
Whoever committing any offence defined in this chapter
causes grievous bodily harm to or the death of any person shall
be punished in the manner following, that is to say : —
(1). If grievous bodily harm be caused, the punishment
shall be imprisonment of two to ten years and fine
of two hundred to five thousand ticals.
(2). If death be caused, the punishment shall be
imprisonment of five to twenty years and fine of
two hundred to five thousand ticals.
Section 201.
Whoever commits by negligence any offence defined in this
chapter shall be punished in the manner following, that is to
say :—
(1). If any loss of property be caused or any danger to
the life of any person, the punishment shall be
imprisonment not exceeding six months or fine not
exceeding one thousand ticals, or both.
(2). If grievous bodily harm or death be caused, the
provisions of sections 252 and 259 for causing death
or grievous bodily harm by negligence shall be
applied.
Chapter 5.
FALSE MONEY.
(COINS, CUKKENCY NOTES, BANK-NOTES, BONDS
OE CEETIFICATES OF DEBT, COUPONS OR
CERTIFICATES OF INTEREST.)
Section 202.
Whoever counterfeits any coin of the State or of a foreign
state is said to make false money.
Whoever alters any coin of the State or of a foreign state
with intent that such coin be put into circulation for a coin of
higher value, or dishonestly reduces the weight of such coin, is
said to alter money.
55
Section 203.
Whoever makes false money, or alters money, or whoever
knowingly hiiports false or altered money, or puts such money
into circulation or is found in possession of it for the purpose
of putting the same into circulation, shall be punished with
imprisonment of three to fifteen years and fine of one hundred
to five thousand ticals.
Section 204.
Whoever puts into circulation any money which he knows
to be false or altered, but which he did not know to be false or
altered at the time when he obtained possession of it, shall be
punished with imprisonment not exceeding one year or fine
not exceeding ten times the value of the false or altered coin, or
both.
Section 205.
Whoever makes any instrument or material intended
for making false money or altering money, or is found in
possession of it, shall be punished with imprisonment of two
to ten years and fine of one hundred to three thousand ticals.
Section 206.
Whenever a person making false money or altering money
commits any other offence defined in this chapter in connection
with the same money, such person shall only be punished for
making or altering such money.
Section 207.
Any false money or altered money and any instrument or
material intended for making or altering such money shall be
forfeited without regard to the conviction or non-conviction of
any particular person.
Section 208.
Whoever commits any offence defined in this chapter in
respect of coin of a metal inferior in value to silver shall be
liable to the punishment prescribed for such offence reduced
by one half.
66
Section 209.
For the purposes of this chapter, the word " money " shall
include : —
(1). Currency notes issued by the State or by any
foreign state, and bank-notes issued by any Siamese
or foreign state bank.
(2). Bonds or certificates of debt issued by the State or
by any foreign state and the coupons or certificates
of interest attached to such bonds or certificates.
Section 210.
Whoever fabricates or puts into circulation any printed
documents or pieces of metal the shape and colour of which
make them resemble notes or coins, shall be punished with
imprisonment not exceeding six months or fine not exceeding
five hundred ticals, or both.
Chapter 6.
FALSE SEALS, STAMPS AND TICKETS.
Section 211.
Whoever counterfeits any State or official seal, or the
impression of any such seal, shall be punished in the manner
following, that is to say : —
(1). If the counterfeit be of the seal of His Majesty,
the punishment shall be imprisonment of five to
twenty years and fine of one hundred to five
thousand ticals.
(2). If the counterfeit be of the seal of any State
Department or any Public Institution, or of any
other official seal, the punishment shall be
imprisonment of one to seven years and fine of
one hundred to two thousand ticals.
57
Section 212.
Whoever having obtained possession of any genuine seal
described in section 211 unlawfully uses such seal in a manner
likely to cause injury to the public or to any person, shall be
liable to the punishment prescribed for counterfeiting a seal,
reduced by one third.
Section 213.
Whoever with intent to deceive any person makes use of
any false seal as described in section 211 or of the unlawful
impression of any -genuine seal as described in section 212 shall
be liable to the punishment prescribed for counterfeiting a seal,
or unlawfully using a genuine seal respectively.
Section 214.
Whoever counterfeits any postage, judicial or other stamp
issued by the State for the purpose of revenue, or alters such
stamp with intent that it may be used as a stamp of higher
value, shall be punished with imprisonment of one to seven
vears and fine of one hundred to two thousand ticals.
Section 215.
Whoever removes from any postage, judicial, or other
stamp issued for the purpose of revenue any mark denoting
that such stamp has been used, with intent that it may be used
again, shall be punished with imprisonment of three months to
three years and fine of fifty to five hundred ticals.
Section 216.
Whoever knowingly uses any false or altered stamp as
described in sections 214 and 215 or is found in possession of
any such stamp with intent that it may be used, shall be
punished with imprisonment of three months to three years
and fine of fifty to five hundred ticals.
58
Section 217.
Whoever counterfeits any railway or ti'amway ticket or
any other ticket issued to travellers on public conveyances, or
alters any such ticket with intent that it may be used as a
ticket of higher value, or removes any mark denoting that such
ticket has been used with intent that it may be used again, shall
be punished with imprisonment of three months to three years
and fine of fifty to five hundred ticals.
Section 218.
Whoever knowingly uses any false ticket or altered ticket
as described in section 217, or is found in possession of such
ticket with intent that it may be used, shall he punished with
imprisonment of three months to three years and fine of fifty
to five hundred ticals.
Section 219.
Whoever makes any instrument or material for the purpose
of counterfeiting or altering any seal, stamp or ticket, or is
found in possession of such instrument or material
for the purpose of counterfeiting or altering anj' such
seal, stamp or ticket, shall be liable to the punishment prescribed
for counterfeiting or altering any such seal, stamp or ticket,
reduced by one third.
Section 220.
Whoever counterfeiting or altering any seal, stamp or
ticket, commits any other offence defined in this chapter in
connection with the same seal, stamp or ticket, shall only be
punished for counterfeiting or altering any such seal, stamp or
ticket.
Section 221.
Any false or altered seal, stamp or ticket, and any
instrument or material intended for counterfeiting or altering
such seal, stamp or ticket, shall be forfeited without regard to
the conviction or non-conviction of any particular person.
59
f Chapter 7.
FALSE DOCUMENTS.
Section 222.
Whoever in a manner likely to cause injury to the public
or to any person, either
(1) fabricates a false document or part of a document, or
(2) adds to, takes from, or otherwise alters a genuine
document, or
(3) puts a false seal or signature to a document,
is said to forge a document.
Section 223.
Whoever forges any document not purporting to be a
valuable document or a public document shall, if such document
be used, be punished with imprisonment of three months to
three years and fine of fifty to one thousand ticals.
Section 224.
Whoever forges any document purporting to be either a
valuable document or a public document shall be punished with
imprisonment of six months to five years and fine of one
hundred to two thousand ticals.
Section 225.
Whoever forges a valuable document purporting to be
(1) a public document ;
(2) a will ;
(3) a share certificate, share warrant or debenture issued
by any Company or a coupon or certificate of
interest or dividend belonging to such document ;
60
(4) a bank-note ii^ued by any private bank, a bill of
exchange, cheque, promissory note or other
negotiable instrument ;
shall be punished with imprisonment of three to ten years and
fine of one hundred to two thousand ticals.
Section 226.
Whoever in a manner likely to cause injury to the public
or to any person, causes an official in his official capacity to
insert in any document or register any statement which he
knows to be false on any material point as to facts or
circumstances of which such document or register is evidence,
shall be punished with imprisonment of three months to three
years and fine of fifty to one thousand ticals.
Section 227.
Whoever in a manner likely to cause injury to the public
or to any persou, knowingly makes use of any false document
forged by anj' other person as described in sections 223, 224
and 225 or of a false statement in a document or register as
described in section 226 shall be liable to the punishment
prescribed for making such false document or statement.
Section 228.
Whoever in a manner likely to cause injury to the public
or to any person, destroys, or secretes any will or any other
valuable document belonging to any other person shall be liable
to the punishment prescribed for forging such document
reduced by one third.
. Section 229.
Whoever being an official commits forgery in the exercise
of his functions shall be' punished with imprisonment of five to
ten years and fine of two hundred to five thousand ticals.
61
Section 230.
Whoever being an official and acting in his official
capacity, knowingly and in a manner likely to cause injury to
the public or to any person, makes in any public document or
register any false entrj^ of any material facts or circumstances
of which such document or register is evidence, shall be
punished with imprisonment of five to ten years and fine of
two hundred to five thousand ticals.
Section 231.
Whoever being a physician or other qualified medical man
makes any false statement in any certificate regarding the life
death or health of any person, knowing that such certificate
is likely to be used to deceive any official in the exercise of his
functions or any Insurance Company, shall be punished with
imprisonment not exceeding two years or fine not exceeding one
thousand ticals, or both.
Whoever makes use of such certificate with intent to
deceive any official in the exercise of his functions or any
Insurance Company shall be liable to the same punishment.
Chapter 8.
OFFENCES AGAINST TRADE.
Section 232.
Whoever for the purpose of keeping dovvn or raising the
wages of workmen commits or threatens to commit any violence
in order to cause workmen to cease working or to work only
on certain conditions shall be punished with imprisonment not
exceeding six months and fine not exceeding two hundred
ticals.
Section 233.
Whoever fraudulently makes any false instrument of
weighing or any false weight or measure shall be punished with
imprisonment of one month to three years and fine of fifty to
one thousand ticals.
62
Section 234.
Whoever fraudulently uses? any false instrument of
weighing or anj' false weight or measui'e, or is found in
possession of such false instrument, weight or measure for the
purpose of selling or using the same, shall be punished with
imprisonment of one month to three years and fine of fifty to
one thousand ticals.
i-~^If the offence be committed b3'^ the person having made
such instrument, weight or measure, such person shall only be
liable to the punishment prescribed by this section.
Section 235.
Whoever knowingly puts or causes to appear on any goods,
packings, coverings, advertisements, price lists, business letters,
circulars or the like, the name of any other person or firm to
the use of which he has no right, shall be punished with
imprisonment of one month to one j'ear and fine of fifty to
two thousand ticals.
Section 236.
Whoever counterfeits any trade-mark, or any name or
firm-name used as a trade-mark, shall be punished with
imprisonment of three months to three years and fine of one
hundred to five thousand ticals.
Section 237.
Whoever without counterfeiting a trade-mark fraudulently
imitates it in a manner calculated to deceive a purchaser" shall
be punished with imprisonment of one month to one year and
fine of fifty to two thousand ticals.
Section 238.
Whoever imports, sells or exposes for sale any property
which he knows to bear a false name or a false trade-mark or
an imitated trade-mark as described in sections 235, 236 and
237, shall be liable to the punishment prescribed by such sections,
as the case may be.
63
Section 239.
Any false instrument of weighing or false weight or
measure mentioned in sections 233 and 234, and any property
bearing a false name or a false trade-mark or an imitated trade-
mark as described in sections 235, 236 and 237, shall be
forfeited without regard to the conviction or non-conviction of
any particular person.
Title VI.
OFFENCES AGAINST MORALITY.
Chapter 1.
OFFENCES AGAINST PUBLIC MORALS.
Section 240.
Whoever publicly sells or exposes for sale or exhibition
any obscene picture, book or other article shall be punished
with imprisonment not exceeding six months or fine not
exceeding five hundred ticals, or both.
Section 241.
Whoever instigates any minor under twelve years of age
to have sexual intercourse or to commit immoral practices with
any other person, or procures any minor under twelve years of
age for the purpose of sexual intercourse or immoral practices
with any other person, shall be punished with imprisonment not
exceeding two years and fine not exceeding one thousand
ticals.
Section 242.
' Whoever has carnal intercourse against the order of nature
with any man, woman or animal shall be punished with
imprisonment of three months to three years and fine of fifty
to five hundred ticals.
64
Chapter 2,
RAPE AND INDECENT ASSAULT.
Section 243.
Whoever by violence or by any threat has sexual
intercourse with any woman against her will, she not being his
wife, is said to commit rape, and shall be punished with
imprisonment of one to ten years and fine of fifty to five
hundred ticals.
Whoever by any fraudulent or deceitful means has sexual
intercourse with any woman against her will, she not being his
wife, shall be liable to the same punishment.
If in consequence of the commission of such offence
grievous bodily harm be caused to such woman, the punishment
shall be imprisonment of two to ten years and fine of fifty to
one thousand ticals.
If in consequence of the commission of such offence death
be caused to such woman, the punishment shall be imprisonment
for life or for a period of twelve to twenty years and fine of one
hundred to two thousand ticals.
Section 244.
Whoever has sexual intercourse with any girl under twelve
years of age, with or without her consent, shall be punished
with imprisonment of two to ten years and fine of fifty to five
hundred ticals.
If in consequence of the commission of such offence
grievous bodily harm be caused to such girl, the punishment
shall be imprisonment of three to fifteen years and fine of fifty
to one thousand ticals.
If in consequence of the commission of such offence death
be caused to such girl, the punishment shall be imprisonment
for life or for a period of fifteen to twenty years and fine of
one hundred to two thousand ticals.
65
Section 245.
Whoever commits any indecent act on any child under the
age of twelve years shall be punished with imprisonment of
one month to three j'ears and fine of fifty to five hundred ticals.
If the offence be committed by means of violence or of any
threat, the punishment shall be imprisonment of three months
to five years and fine of fifty to one thousand ticals.
Section 246.
Whoever by violence or by any threat or by any fraudu-
lent or deceitful means commits any indecent act on any person
over the age of twelve years shall be punished with
imprisonment of one month to three years and fine of fifty
to five hundred ticals.
Section 247.
The punishments prescribed by sections 243, 244, 245 and
246 shall be increased by one third whenever the offence is
committed : —
(1). By a parent on his child or grand-child.
(2). By a teacher on a pupil entrusted to his care.
(3). By an official on a person placed under his care.
Section 248.
Prosecution of any offence defined in section 243
paragraphs 1 and 2, and section 246 shall only be instituted
on the complaint of the injured party, provided that such
offence is not committed in public.
66
Title VII.
OFFENCES AGAINST LIFE AND BODY.
Chapter 1.
OFFENCES CAUSING DEATH.
Section 249.
Whoever causes death to any person with intent to cause
death is said to commit murder, and shall be punished with
death, or imprisonment for life or for a period of fifteen to
twenty years.
Section 250.
Whoever commits murder under any of the following
circumstances : —
(1) on his father or mother or other relation in the
direct ascending line ;
(2) on any official in, or by reason of, the lawful
exercise of his functions ;
(3) with premeditation ;
(4) by employing torture or acts of cruelty ;
(5) for the purpose of preparing or facilitating the
commission of any other offence ;
(6) for the purpose of securing the benefit obtained
through any other offence, or of concealing
such offence or of escaping punishment for such
offence ;
shall be punished with death.
67
Section 251.
Whoever causes death to any person by inflicting any injury
upon the body of such person without intent to cause death
shall be punished with imprisonment of three to fifteen years.
If the offence be committed under any of the aj^gravating
circumstances mentioned in section 250, the punishment shall
be imprisonment of three to twenty years.
Section 252.
Whoever causes death to any person by negligence shall
be punished with imprisonment not exceeding three years or
fine not exceeding one thousand ticals, or both.
Section 253.
Whenever death is caused in an affray in which three or
more persons are engaged, every person engaged in such affray
and not acting for necessary defence shall be punished with
imprisonment not exceeding two years and fine not exceeding
five hundred ticals, without prejudice to the punishment
prescribed for any person causing death or bodily harm.
Chapter 2.
BODILY HARM.
Section 254.
Whoever without intent to cause death injures the body
or mind of any person is said to commit bodily harm, and shall
be punished with imprisonment not exceeding two years and
fine not exceeding five hundred ticals.
Section 255.
Whoever commits bodily harm under any of the
aggravating circumstances mentioned in section 250 shall be
punished 'with imprisonment not exceeding three years and fine
not exceeding five hundred ticals.
68
Section 256.
Whoever commits bodily harm with any of the following
results : —
(1) mutilation or loss of an arm or leg ;
(2) permanent deprivation of the sight of either eye ;
(3) permanent deprivation of the hearing of either ear ;
(4) cutting of the tongue ;
(5) emasculation ;
(6) permanent disfiguration of the face ;
(7) infirmity or illness being or appearing to be
permanent ;
(8) infirmity or illness causing the sufferer to be during
the space of twenty days in severe bodily pain or
unable to follow his ordinary pursuits ;
is said to commit grievous bodily harm, and shall be punished
with imprisonment of two to seven years.
Section 257.
Whoever commits grievous bodily harm under any of the
aggravating circumstances mentioned in section 250 shall be
punished with imprisonment of three to ten years.
Section 258.
Whenever grievous bodily harm is caused in an affray in
which three or more persons are engaged, every person
engaged in such affray and not acting for necessary defence
shall be punished with imprisonment not exceeding one year
and fine not exceeding two hundred ticals, without prejudice
to the punishment prescribed for any person causing bodily
harm.
Section 259.
Whoever causes grievous bodily harm by negligence shall
be punished with imprisonment not exceeding one year or fine
not exceeding one thousand ticals, or both.
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Chapter 3.
ABORTION.
Section 260.
Any woman who causes herself to miscarry, or allows any
other person to cause her to miscarry, shall be punished with
imprisonment not exceeding three years or fine not exceeding
one hundred ticals, or both.
Section 261.
Whoever causes any woman, with the consent of such
woman, to miscarry, shall be punished with imprisonment of
one month to three years and fine of twenty to five hundred
ticals.
Section 262.
Whenever the offence defined in the preceding section is
committed by a physician, a midwife or a person acting for a
remuneration, the punishment shall be increased by one third.
Section 263.
Whoever knowing a woman to be with child causes, by
any act of violence or otherwise, such woman to miscarry
without her consent, shall be liable to the punishment
prescribed by sections 256 or 257 for the offence of causing
grievous bodily harm.
Section 264.
Any attempt to commit any offence defined in sections
260 and 261 shall not be punishable.
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Chapter 4.
ABANDONMENT OF CHILDREN OR OF SICK
OR AGED PERSONS.
Section 265.
Whoever exposes or leaves any child under nine years of
age in any place, with intent to wholly abandon such child,
shall be punished with imprisonment of three months to three
years and fine of twenty to one hundred ticals.
Section 266.
Whoever being bound by law or under a contract to take
care of any person who is in a helpless condition through age,
sickness or infirmity, abandons such person in a manner likely
to endanger his life, shall be punished with imprisonment of
three months to three years and fine of twenty to one hundred
ticals.
Section 267.
Whenever death or grievous bodily harm is caused by
such abandonment to such child or person, the punishment
prescribed by sections 249, 254 or 255 shall be inflicted.
Title VIIL
OFFENCES AGAINST LIBERTY AND
REPUTATION.
Chapter 1.
OFFENCES AGAINST LIBERTY.
Section 268.
Whoever by violence or by any threat wrongfully compels
any person to do, or not to do, or to suffer any act, shall be
71
punished with imprisonment not exceeding one year and fine
not exceeding five hundred ticala.
If the offence be committed by a written communication,
or by threatening to disclose any private secret or otherwise to
cause any injury to the reputation of any person, or by
threatening to commit or cause to be committed an offence
punishable with death or with imprisonment of five years or
upwards, the punishment shall be imprisonment not exceeding
two years and fine not exceeding five hundred ticals.
If the offence be committed by making use of arms or by
five or more persons, the punishment shall be imprisonment of
one month to three years and fine of fifty to five hundred
ticals.
If the offence be committed by creating fear of some secret
society or . criminal association, the punishment shall be
imprisonment of one to seven years and fine of fifty to one
thousand ticals.
Section 269.
Whoever imports, exports, removes, buys, sells or disposes
of any person as a slave, or accepts, receives or detains
against his will any person as a slave, shall be punished with
imprisonment of one to seven years and fine of one hundred to
one thousand ticals.
Provided that no person shall be prosecuted for lawfully
being in possession or disposing of a slave under any of the
exceptions of the decrees for the abolition of slavery.
Section 270.
Whoever wrongfully detains or confines any person or
otherwise deprives such person of his liberty shall be punished
with imprisonment not exceeding three years and fine not
exceeding five hundred ticals.
Section 271.
Whoever by neghgence causes any person to be wrongfully
confined or deprived of his liberty shall be punished with
imprisonment not exceeding one year or fine not exceeding
five hundred ticals, or both.
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Section 272.
Whenever by deprivation of liberty as described in sections
270 and 271 death or grievous bodily harm is caused to the
person deprived of his liberty, the punishment prescribed by
sections 251, 252, 256, 257 or 259 shall be inflicted, as the case
may be.
Section 273.
Whoever takes away any child under the age of ten years
from its parents or lawful guardian, or knowing such child to
be so taken away, buys, sells or wrongfully receives it, shall
be punished with imprisonment of six months to seven years
and fine of fifty to one thousand ticals.
Section 274.
Whoever takes away any child from ten to fourteen years
of age inclusive from its parents or lawful guardian, without the
consent of such child, or knowing such child to be so taken away,
buys, sells or wrongfully receives it, shall be punished with
imprisonment of one month to three years and fine of fifty to
five hundred ticals.
If the offence be committed from motives of lucre or for
any immoral purpose, the punishment shall be imprisonment of
six months to seven years and fine of one hundred to two
thousand ticals.
Section 275.
Whoever takes away any child from ten to fourteen years
of age inclusive from its parents or lawful guardian, with the
consent of such child, or knowing such child to be so taken
away, buys, sells or wrongfully receives it, shall be punished
with imprisonment of one month to three years and fine of fifty
to five hundred ticals, provided that the offence is committed
from motives of lucre or for any immoral purpose.
Section 276.
Whoever by violence or by any threat or by any fraudulent
or deceitful means takes away any woman for any immoral
73
purpose, or conceals such woman, knowing her to be so taken
away, shall be punished with imprisonment of six months to
seven years and fine of one hundred to one thousand ticals.
Section 277.
Whoever by violence or by any threat or by any fraudulent
or deceitful means takes away any person beyond the limits of
the country in order wrongfully to deliver such person into the
power of any other person, or abandons such person in a
helpless condition, shall be punished with imprisonment of six
months to seven years and fine of one hundred to two
thousand ticals.
Section 278.
Prosecution of any offence defined in section 268
paragraphs 1 and 2, and section 271 shall only be instituted
on the complaint of the injured party.
Chapter 2.
DISCLOSURE OF PRIVATE SECRETS.
Section 279,
Whoever wrongfully breaks open or makes away with any
letter, telegram or other document belonging to any other
person, in order to ascertain its contents, or discloses the
contents of such letter, telegram or document in a manner
likely to cause injury to any person, shall be punished with
imprisonment not exceeding three months or fine not exceeding
five hundred ticals, or both.
Section 280.
Whoever wrongfully discloses any private secret
communicated to him by reason of his functions or profession, in a
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manner likely to cause injury to the person communicating such
secret, shall be punished with imprisonment not exceeding six
months or fine not exceeding five hundred ticals, or both.
Section 281.
Prosecution of any offence defined in this chapter shall
only be instituted on the complaint of the injured party.
Chapter 3.
DEFAMATION.
Section 282.
Whoever in the presence of, or by communication made to
two or more persons, imputes anything which is likely to injure
the reputation of any other person or to expose such person to
public hatred or contempt, is said to commit defamation, and
shall be punished with imprisonment not exceeding six months
or fine not exceeding one thousand ticals, or both.
If the offence be committed by means of the publication of
any book, periodical work, newspaper, design or other writing,
the punishment shall be imprisonment not exceeding one year
or fine not exceeding two thousand ticals, or both.
Section 283.
Whoever in good faith expresses an opinion under any of
the following circumstances : —
(1) by way of self justification or defence, or for the
protection of a lawful interest;
(2) in a report made by an ofiicial in his oflBcial capacity;
(3) by way of fair comment on the merits of any person
or thing subjected to public criticism;
(4) by way of fair publication of or comment on the
proceedings of any Court of Justice or public
meeting;
shall not be punished for defamation.
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Section 284.
A person prosecuted for defamation shall not be allowed to
prove that the imputation made by him is true, except in the
following cases : —
(1). If the Court be satisfied that the imputation is
made for the public good.
(2). If the imputation be made against an oflBcial
concerning any act done by him in his official
capacity.
(3). If the complainant move the Court to enquire into
the imputation, and to state in the judgment
whether such imputation is true or not.
If the accused fail to prove the truth of his imputation, he
shall be punished with imprisonment not exceeding two years
or fine not exceeding five thousand ticals, or both.
Section 285.
Any statement made verbally or in writing in the course of
any judicial proceeding by the parties or their counsel shall not
be punishable, provided that the Court may reject such
statement, or order its withdrawal or amendment on such terms
as the Court may think fit.
Section 286.
In addition to any punishment prescribed in this chapter
the Court may, in its discretion, upon the application of the
complainant, order : —
(1). The copies of the defamatory matter to be seized
and destroyed.
(2). The judgment of the Court to be published, wholly
or in part, in one or more newspapers at the
expense of the convicted person.
Section 287.
Prosecution of any offence defined in this chapter shall
only be instituted on the complaint of the injured party, and
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if the injured party die, or if the defamation be committed
against a dead person, by the husband or wife or by any
relation within the second degree of the deceased.
Title IX.
OFFENCES AGAINST PROPERTY.
Chapter 1.
THEFT.
Section 288.
Whoever dishonestly takes away any property belonging
wholly or in part to any other person, without the consent of
such person, is said to commit theft, and shall be punished
with imprisonment not exceeding three years and fine not
exceeding five hundred ticals.
Section 289.
The provision of the foregoing section includes the
dishonest taking away by a partner of any property of the
partnership out of the possession of any other partner or person.
The said provision includes also the dishonest taking
away by a joint owner of any joint property out of the
possession of anj^ other joint owner or person.
Section 290.
Whoever dishonestly takes away any property seized in
execution or otherwise attached by law, whether it belongs to him
or to any other person, commits theft.
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Section 291.
Whoever dishonestly takes away any pledged property
belonging to him or to any other person out of the possession
and without the consent of the pledgee commits theft.
Section 292.
Whoever plucks fruit, grass or other produce in the field
or garden of any other person shall be punished with
imprisonment not exceeding three months or fine not exceeding
two hundred ticals, or both.
Section 293.
Whenever theft is committed under any of the followiug
circumstances : —
(1) by night;
(2) by breaking through, scaling or climbing over any
enclosure made for the protection of persons or
property;
(3) by using any passage not intended for human
entrance, or any passage unfastened by any
principal or accessory to the offence;
(4) by opening any lock by means of keys unlawfully
possessed or by means of any other instrument;
(5) by breaking open or carrying away any closed
receptacle;
(6) by taking advantage of any fire, explosion, railway
accident, distress of vessel or other public calamity;
(7) by a person carrying any arms ;
(8) by a person disguised or with his face blackened ;
(9) by false personation;
(10) by a person falsely pretending to act under lawful
authority;
(11) by two or more persons;
the punishment shall be imprisonment of six months to five
years and fine of fifty to one thousand ticals.
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Section 294.
Whenever theft is committed : —
(1) in a dwelling place, provided that the offender is
in such place without the consent of the injured
person;
(2) in any place of public worship;
(3) in any railway station, wharf or other place of
entry or discharge of goods;
(4) upon anything intended for the service of the
State or for public use;
(5) by a clerk or servant upon any property in the
possession of his master or employer;
(6) upon any cattle or beast of burden;
the punishment shall be imprisonment of six months to
five years and fine of one hundred to one thousand ticals.
If the offence defined in this section be committed under
any of the aggravating circumstances mentioned in section 293,
the punishment shall be imprisonment of one to five years and
fine of one hundred to one thousand ticals.
Section 295.
Wlioever commits theft in a dwelling place by night and
under anj? of the other aggravating circumstances mentioned
in section 293 shall be punished with imprisonment of two to
seven years and fine of one hundred to one thousand ticals.
Section 296.
Whoever commits theft of an elephant or three or more
head of cattle or beasts of burden shall be punished with
imprisonment of three to seven years and fine of one hundred
to one thousand ticals.
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Chapter 2.
SNATCHING, ROBBERY, GANG-ROBBERY, PIRACY.
Section 297.
Whoever commits theft by snatching without causing
bodily harm shall be punished with imprisonment of six
months to five years and fine of twenty to five hundred ticals.
If bodily harm be caused, the punishment provided in
section 298 shall be inflicted.
Section 298.
Whoever committing theft uses any violence or any threat
against any person in order : —
(1) to prepare or facilitate the commission of the offence, or
(2) to obtain possession or delivery of any property, or
(3) to secure the benefit obtained through the offence, or
(4) to conceal the offence, or
(5) to escape punishment,
is said to commit robbery, and shall be punished with
imprisonment of two to seven years and fine of one hundred
to one thousand ticals.
Section 299.
Whenever robbery is committed under any of the
aggravating circumstances mentioned in sections 293 and 294,
the punishment shall be imprisonment of three to ten years
and fine of one hundred to two thousand ticals.
Section 300.
Whenever in committing robbery any bodily harm is
caused, the punishment shall be imprisonment of five to fifteen
years and fine of one hundred to two thousand ticals.
If grievous bodily harm be caused, the punishment shall
be imprisonment of seven to fifteen years and fine of two
hundred to two thousand ticals.
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If dea.th be caused, the punishment shall be imprisonment
of ten to twenty years and fine of five hundred to two thousand
ticals, without prejudice to the punishment prescribed for any
person causing death.
Section 301.
Whenever three or more persons, of whom one at least
carries any arms, commit robbery, every such person is said
to commit gang-robbery, and shall be punished with imprison- 1
ment of ten to fifteen years. ?
If grievous bodily harm be caused, the punishment shall be
imprisonment for life or for a period of fifteen to twenty years.
If death be caused, the punishment shall be death or
imprisonment for life, without prejudice to the punishment
prescribed for any person committing murder under any of the
aggravating circumstances mentioned in section 250.
Section 302.
Whoever commits piracy shall be punished according to
the provisions of sections 298, 299, 300 or 301.
Chapter 3.
EXTORTION.
Section 303.
Whoever by violence or by any threat wrongfully compels
a person to promise to deliver to any person any property, or
to execute, cancel or destroy any valuable document, shall be
punished with imprisonment of six months to five years and fine
of fifty to two thousand ticals.
If the offence be committed : —
(1) by threatening to disclose any private secret or
otherwise to cause any injury to the reputation of
any person, or
(2) by threatening to cause death or grievous bodily
harm or to set fire to any property, or
(3) by a person carrying any arms,
the punishment shall be imprisonment of two to seven years
and fine of one hundred to five thousand ticals.
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Chapter 4.
CHEATING AND FRAUD.
Section 304.
Whoever by using fraudulent and deceitful means, which
must include the assertion of a falsehood or the concealment of
any circumstances which it is his duty to reveal, dishonestly
induces a person to deliver to any person any property, or to
execute cancel or destroy any valuable document, is said to
cheat, and shall be punished with imprisonment not exceeding
three years and fine not exceeding two thousand ticals.
Section 305.
Whoever obtains goods on credit without intent to pay for
them commits the offence of cheating.
Section 306.
Whoever cheats under any of the following circumstances: —
(1) by false personation ;
(2) by pretending to use witchcraft ;
(3) by concealing the fact that his property is sold or
mortgaged or pledged, and by selling or mortgaging
or pledging such property a second time ;
(4) by selling, mortgaging, pledging or otherwise
disposing of any property which he has not the
right to dispose of ;
(5) by taking advantage of the inexperience of any
person under age or the weakness of mind of any
person ;
shall be punished with imprisonment of six months to five years
and fine of one hundred to five thousand ticals.
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Section 307.
Whoever takes advantage of the needs, weakness of mind
or passions of any person under age in order to induce him to
sign any valuable document to his prejudice or to the prejudice
of any other person without adequate consideration, shall be
punished with imprisonment not exceeding three j'ears and
fine not exceeding two thousand ticals.
Section 308.
Whoever with intent to prevent the forfeiture, attachment
or seizure of any property under a judgment, decree or order
pronounced or likely to be pronounced by any Court of Justice,
either fraudulently removes, conceals, transfers or delivers such
property to any person, or fraudulently claims such property
or any interest therein, or fraudulently suffers any judgment
to be passed against him for a sum not due, shall be punished
with imprisonment not exceeding two years and fine not
exceeding five thousand ticals.
Section 309.
Whoever with intent to prevent the distribution of any
property according to law among his creditors or the creditors
of any other person, fraudulently removes, conceals or delivers
such property to any other person, or transfers such property
or causes such property to be transferred to any other person
without adequate consideration, shall be punished with
imprisonment not exceeding two years and fine not exceedin
five thousand ticals.
Section 310.
Whoever in the sale of goods bj' any fraudulent means
deceives the purchaser as to the nature, quality or quantity of
goods sold, shall be punished with imprisonment not exceeding"
six months and fine not exceeding five hundred ticals.
Section 311.
Whoever makes any gain by deceitful practice in any
lawful game, play or sport, provided such practice does not
83
amount to cheating or criminal misappropriation, shall be
punished with imprisonment not exceeding three months and
fine not exceeding two hundred ticals.
Section 312.
Whoever destroys or damages any property insured
against any peril or risk with intent to procure for himself or
for any other person the indemnity promised for the loss of
such property, shall be punished with imprisonment of six
months to five years and fine of fifty to five thousand ticals.
Section 313.
Prosecution of off'ences defined in this chapter shall only
be instituted on the complaint of the injured party.
Chapter 5.
CRIMINAL MISAPPROPEIATION.
Section 314.
Whoever being entrusted with the care, custody or
administration of any property belonging wholly or in part to
any other person, or being entrusted with such property on
condition of making use of it for a purpose specified by law or
by the person entrusting it, dishonestly converts such property
to his own use or benefit or to the use or benefit of any other
person, is said to commit criminal misappropriation, and shall
be punished with imprisonment not exceeding three years and
fine not exceeding two thousand ticals.
Section 315.
Whoever being entrusted with a blank signature for a
purpose specified by law or by the person entrusting it, uses
such blank signature for another purpose and in a manner
84
likely to cause injury to any person, commits criminal
misappropriation. •
If the blank signature be not entrusted to the oifender,
the provisions concerning the making of false documents shall
be applied.
Section 316.
Whoever dishonestly conceals, disposes of or makes away
with any property belonging to him, such property being
lawfully attached and entrusted to his care or custody, commits
criminal misappropriation.
Section 317.
Whoever dishonestly misappropriates any property delivered
to him in consequence of a mistake shall be liable to the
punishment prescribed for criminal misappropriation reduced
by one half.
Section 318.
Whoever having found any lost property or treasure-trove
appropriates such property without complying with the
requirements of the law with respect to the possession of articles
lost and found or of treasure-trove shall be liable to the
punishment prescribed for criminal misappropriation reduced
by one half.
Section 319.
Whoever commits criminal misappropriation in respect of
any property entrusted to him under any of the following
circumstances : —
(1) by reason of his being a clerk or servant of the
person entrusting such property ;
(2) by reason of his being an executor or an administrator
acting under the order of any Court or on his own
initiative ;
(3) by reason of his duties, profession, trade or business ;
shall be punished with imprisonment of six months to five
years and fine of one hundred to five thousand ticals.
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Section 320.
Prosecution of any offence defined in this chapter, except
offences defined in section 319 sub-sections 2 and 3, shall only
be instituted on the complaint of the injured party.
Chapter 6.
RECEIVING STOLEN PROPERTY.
Section 321.
Whoever purchases, takes in exchange or in pledge,
accepts as a present or as a deposit, or otherwise receives or
conceals, or assis'ts in making away with or disposing of any
property, knowing that such property has been obtained by
an offence, is said to receive stolen property, and shall be
punished with imprisonment not exceeding five years and
fine not exceeding two thousand ticals, provided that such
person did not take part in the commission of such oflfence
or is not liable under section 182.
Section 322.
Whoever receives stolen property, knowing that such
property has been obtained by robbery or gang-robbery,
shall be punished with imprisonment of three months to five
years and fine of one hundred to five thousand ticals.
Section 323.
Whoever habitually receives stolen property shall be
punished with imprisonment of three to ten years and fine
of two hundred to five thousand ticals.
Chapter 7.
MISCHIEF.
Section 324.
Whoever wrongfully destroys or damages any property
belonging to any other person is said to commit mischief, and
86
shall be punished with imprisonment not exceeding two years
or fine not exceeding one thousand ticals, or both.
Section 325.
Whoever commits mischief on any property of the following
description : —
(1) on anything intended for the service of the State or
for public use ;
(2) on any steam engine or any machinery ;
(3) on any cattle or beast of burden ;
shall be punished with imprisonment not exceeding three years
and fine not exceeding two thousand ticals.
Section 326.
Prosecution of any offence defined in this chapter shall only
be instituted on the complaint of the injured party.
Chapter 8.
TRESPASS.
Section 327.
Whoever in order to prevent the peaceful enjoyment of
the immoveable property of any other person unlawfully takes
possession of such property, or in order to effect such taking,
moves or destroys any boundary mark, or enters upon such
property, is said to commit trespass, and shall be punished with
imprisonment not exceeding one year or fine not exceeding five
hundred ticals, or both.
Section 328.
Whenever trespass is committed under any of the following
circumstances : —
87
(1) by committing or threatening to commit any
violence ;
(2) by a person carrying any arms ;
(3) by five or more persons ;
the punishment shall be imprisonment not exceeding three years
and fine not exceeding one thousand ticals.
Section 329.
Whoever wrongfully enters any dwelling place or the
enclosed compound of any dwelling place, or is found concealed
in such place without justifiable cause, or remains there after
having been required to depart by any person who has the
right to forbid him from entering, is said to commit house
trespass, and shall be punished with imprisonment not
exceeding six months and fine not exceeding one hundred
ticals.
If house trespass be committed by night or by means of
violence or of any threat or by a person carrying any arms or
by three or more persons, the punishment shall be imprisonment
not exceeding three years and fine not exceeding five hundred
ticals.
Section 330.
Whoever wrongfully enters any place used for the service .
of the State, or is found concealed in such place without
justifiable cause, or unlawfully remains there after having been
required by any competent official to depart, shall be liable to
the punishment prescribed for house trespass.
Section 331.
Prosecution of any offence defined in sections 327,328 and
329 shall only be instituted on the complaint of the injured
party.
Title X.
PETTY OFFENCES.
Section 332.
Petty offences shall be punishable according to the class
provided in each sub-section of sections 334 to 340.
Petty oifences marked Class A. shall be punishable with
fine not exceeding twelve ticals.
Petty oifences marked Class B. shall be punishable with
fine not exceeding fifty ticals.
Petty offences marked Class C. shall be punishable with
imprisonment not exceeding ten days or fine not exceeding
fifty ticals, or both.
Petty offences marked Class D. shall be punishable with
imprisonment not exceeding one month or fine not exceeding
one hundred ticals, or both.
Section 333.
Except when otherwise provided, petty offences are
punishable notwithstanding the fact that they are not
committed intentionally.
Section 334.
PETTY OFFENCES
RELATING TO PUBLIC ADMINISTRATION
AND PUBLIC JUSTICE.
(l). Whoever being required by a police officer to give his
name or address refuses to give it or gives a name or address
which is incorrect ... ... ... Class A.
(2). Whoever refuses to obey any lawful direction or
order given by any official for the execution of any law or
regulation ... ... ... .^. Class C.
89
(3). Whoever disturbs the sitting of any Court or behaves
improperly before such Court ... ... Class D.
(4). Whoever pulls down or injures any board or document
or notice posted up by the order of any official in the exercise
of his duties ... ... ... ... Class D.
Section 335.
PETTY OFFENCES
EELATING TO PUBLIC SECURITY AND
PUBLIC HEALTH.
(1). Whoever unnecessarily and unlawfully creates such
a noise as to cause a disturbance in any town or village during
the night time ... ... ... ... Class A.
(2). Whoever carries any loaded firearm in any public
way or place without authority. Such arms may be
forfeited ... ... ... ... Class A.
(3). Whoever carries any arms at any fair or public
festival. Such arms shall be forfeited ... ... Class A.
(4). Whoever lets off crackers, rockets, fireworks, or
fire-balloons in any town, village, market or public road without
complying with the local regulations ... ... Class A.
(5). Whoever uses fish manure or other filthy and
offensive matter as manure in or in the near neighbourhood of
any town, village or market without complying with the local
regulations ... ... ... ... Class A.
(6). Whoever engages in a fight in a public way or
place ... ... ... ... Class B.
(7). Whoever sells spirituous liquors to any person in a
state of evident drunkenness or to any child under the age of
fourteen years... ... ... ... Class B.
(8). Whoever having in his care any insane and mischievous
person allows him to wander about ... ... Class B.
(9). Whoever seeing any person in danger of death
abstains from rendering any assistance to such person, when he
can do so without danger to himself ... ... Class B.
(10). Whoever obstructs any public sewer, drain or
watercourse ... ... ... ... Class B.
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(1 1). Whoever unnecessarily fires any gun or other firearm
in any town, village, market or in any other place where people
are assembled ... ... •■• Class C.
(12). Whoever having in his care any ferocious animal
allows it to wander about ... ... ... Class C.
(13). Whoever is found drunk and incapable or behaving
in a riotous manner in any public way or place . . . Class C.
(14). Whoever in the course of a fight draws or makes
use of any arms ... ... ■■• Class C.
(15). Whoever fouls water in any well, tank or reservoir
intended for public use ... ... ... Class C.
(16). Whoever cruelly ill-treats any animal or kills such
animal with unnecessary sufferings ... ... Class C.
(17). Whoever causes the death of, or wounds any cattle
or beast of burden by overdriving or overloading it . . . Class C.
(18). Whoever being required by any official to render
assistance in case of fire or other public calamity, fails to
comply with such request without reasonable excuse Class D.
(19). Whoever in case of gang-robbery abstains without
reasonable excuse from giving assistance in order to repel the
robbers ... ... ... ... Class D.
(20). Whoever being bound by a lawful contract to
render his personal service in conveying or conducting any person
or any property from one place to another place, or to act as
servant to any person during a voyage or journey, voluntarily
and without justifiable cause omits to do so ... Class D.
(21). Whoever alarms the public by circulating false
reports ... ... ... ... Class D.
(22). Whoever sells or offers for sale any articles of food
or drink which have become unfit for human consumption and
injurious to health. The Court shall order the destruction of
such articles of food or drink ... ... Class D.
(23). Whoever suffering from any contagious disease
makes or offers for sale any article of food or drink Class D.
(24). Whoever knowing that any offence likely to cause
death, or any offence of rape, robbery, gang-robbery or piracy
is intended to be committed, omits to give notice respecting the
commission of such offence to any competent official or to the
person against whom the offence is to be committed at a time
when by giving such information the commission of the offence
would have been prevented ... ... Class D.
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Provided that no person shall be punished for omitting to
give notice of any offence to be committed by his husband or
wife, or brother or sister, or any relation in the direct ascending
or descending line.
Section 336.
PETTY OFFENCES
RELATING TO PUBLIC COMMUNICATIONS.
(1). Whoever unnecessarily obstructs the public way by
placing or leaving thereon any carriage, vehicle or any other
thing whatever which may interfere with the safety or freedom
of traffic ... ... ... ... Class A.
(2). Whoever encroaches upon any public way by erecting
any house, building, enclosure or fence on such way without
legal permission ... ... ... Class A.
(3). Whoever fails to comply with the directions of any
competent official as to the cleaning of a public road Class A.
(4). Whoever erects any sale stand on a public road
without legal permission ... ... ... Class A.
(5). Whoever allows his cattle or beasts of burden to stray
on a public road ... ... ... Class A.
(6). Whoever puts out any public light on a public
way ... ... ... ... Class A.
(7). Whoever drives at night on a public road any vehicle
not properly supplied with lights ... ... Class A,
(8). Whoever allows his cattle or beasts of burden to
damage any public road, pleasure ground, embankment,
watercourse, drain or other place or work for public
use ... ... •■■ ••• Class B.
(9). Whoever having been legally permitted to make an
excavation or to place any thing which is an obstruction on a
public way, neglects to put a proper light at such place in order
that passers-by may avoid accident ... ... Class B.
(10). Whoever slaughters any cattle or beasts of burden
or throws any filth on any public road ... Class B.
92
(11). Whoever on or near any public way erects or places
anything likely to fall down and injure any person passing on
such public way ... ... ... Class B.
(12). Whoever rides a horse or drives any vehicle on
any road at an excessive speed, to the danger of the
public ... ... ... ... Class B.
(13). Whoever deposits any cumbrous material or makes
any excavation in any public road without legal permission,
provided that such act does not constitute any mischief or any
offence against public communications ... Class C.
(14). Whoever throws on a public way or near such way
the carcase of any animal ... ... Class C.
(15). Whoever causes a collision Vjy failing to comply with
the rules of driving on public roads ... ... Class C.
Section 337.
PETTY OFFENCES AGAINST PUBLIC MORALS.
(1). Whoever utters in public any obscene language
Class C.
(2). Whoever indecently exposes his person or otherwise
commits in public any indecent act ... ... Class D.
Section 338.
PETTY OFFENCES AGAINST THE BODY.
(1). Whoever throws any stones or other hard substance
or any filth at any person without having hit such
person ... ... ... ... Class B.
(2). Whoever causes bodUy harm by negligence Class C.
(3). Whoever strikes or otherwise commits an act
of violence not amounting to bodily harm against any
person ... ... ... ... Class D.
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Section 339.
PETTY OFFENCES
AGAINST LIBERTY AND REPUTATION.
(1). Whoever threatens any person with serious and
unjust injury ... ... ... ... Class 0.
(2) . Whoever insults any person in the presence of such
person ... ... ... ... Class C.
(3). Whoever publishes an insult against any
person ... ... ... ... Class C.
Section 340.
PETTY OFFENCES AGAINST PROPERTY.
(1). Whoever allows any cattle or beast of burden to stray
on the iield or garden of any other person, such field or garden
being prepared, sown or covered with a crop or containing any
produce ... ... ... ... Class B.
(2). Whoever throws any stones or other hard substance
or any filth into or upon the dwelling place or garden of any
other person ... ... ... Class C.
(3). Whoever drives any cattle or beast of burden on the
field or garden of any other person, such field or garden being
prepared, sown, or covered with a crop or containing any
produce ... ... ... ... Class D.
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